Maine § 18-B §2109 Duty and liability of directed trustee

Maine Statutes

§ 18-B §2109 — Duty and liability of directed trustee

Maine·Title 18-B TRUSTS·Part 2 MAINE UNIFORM DIRECTED TRUST ACT

1.Reasonable action to comply. Subject to subsection 2, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under section 2106, subsection 2, paragraph A, and the trustee is not liable for the action.

2.No compliance if willful misconduct. A directed trustee may not comply with a trust director's exercise or nonexercise of a power of direction or further power under section 2106, subsection 2, paragraph A to the extent that by complying the trustee would engage in willful misconduct.

3.Release from liability not effective. An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:

4.P

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1.
Reasonable action to comply.
Subject to subsection 2, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under section 2106, subsection 2, paragraph A, and the trustee is not liable for the action.
2.
No compliance if willful misconduct.
A directed trustee may not comply with a trust director's exercise or nonexercise of a power of direction or further power under section 2106, subsection 2, paragraph A to the extent that by complying the trustee would engage in willful misconduct.
3.
Release from liability not effective.
An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:
4.
Petition court for instructions.
A directed trustee that has reasonable doubt about its duty under this section may petition the Probate Court or the Superior Court for instructions.
5.
Additional duty or liability.
The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.

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