Montana Statutes
§ 72-40-115 — No Duty To Monitor, Inform, Or Advise
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 40 UNIFORM DIRECTED TRUST ACT·Part 1 General Provisions
72-40-115 . No duty to monitor, inform, or advise.
(1)Unless the terms of a trust provide otherwise:
(a)a trustee does not have a duty to:
(i)monitor a trust director; or
(ii)inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and
(b)by taking an action described in subsection (1)(a), a trustee does not assume the duty excluded by subsection (1)(a).
(2)Unless the terms of a trust provide otherwise:
(a)a trust director does not have a duty to:
(i)monitor a trustee or another trust director; or
(ii)inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee
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Legislative History
En. Sec. 11, Ch. 325, L. 2021.
Nearby Sections
15
§ 72-40-101
Short Title§ 72-40-102
Definitions§ 72-40-104
Common Law And Principles Of Equity§ 72-40-105
Exclusions§ 72-40-106
Through 72-40-109 Reserved§ 72-40-110
Powers Of Trust Director§ 72-40-111
Limitations On Trust Director§ 72-40-112
Duty And Liability Of Trust Director§ 72-40-113
Duty And Liability Of Directed Trustee§ 72-40-115
No Duty To Monitor, Inform, Or Advise§ 72-40-116
Application To Cotrustee§ 72-40-117
Limitation Of Action Against Trust Director§ 72-40-118
Defenses In Action Against Trust Director