Pennsylvania § 7780.20 Duty and liability of directed trustee - UDTA 9

Pennsylvania Statutes

§ 7780.20 — Duty and liability of directed trustee - UDTA 9

Pennsylvania § 7780.20

Title 20DECEDENTS, ESTATES AND FIDUCIARIES

Ch. 77TRUSTS

Subch.DIRECTED TRUSTS

This text of Pennsylvania § 7780.20 (Duty and liability of directed trustee - UDTA 9) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

20 Pa. Cons. Stat. § 7780.20 (2026).

Text

(a)Duty to comply with power of direction.--Subject to subsection (b), a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction, and the directed trustee shall not be liable for that action.

(b)Exception for willful misconduct.--A directed trustee shall not comply with a trust director's exercise or nonexercise of a power of direction to the extent that, by doing so, the directed trustee would engage in willful misconduct.

(c)When release from liability ineffective.--An exercise of a power of direction under which a trust director purports to release a trustee or another trust director from liability for breach of trust is ineffective:

(1)to the extent that it would relieve the trustee or the other trust direct

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(a) Duty to comply with power of direction.--Subject to subsection (b), a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction, and the directed trustee shall not be liable for that action.

(b) Exception for willful misconduct.--A directed trustee shall not comply with a trust director's exercise or nonexercise of a power of direction to the extent that, by doing so, the directed trustee would engage in willful misconduct.

(c) When release from liability ineffective.--An exercise of a power of direction under which a trust director purports to release a trustee or another trust director from liability for breach of trust is ineffective:

(1) to the extent that it would relieve the trustee or the other trust director of liability for a breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries;

(2) if the release was induced by improper conduct of the trustee or the other trust director in procuring the release; or

(3) if, at the time of the release, the trust director that exercised the power did not know of the material facts relating to the breach.

(d) Petition for declaratory judgment.--A directed trustee that has reasonable doubt about its duty under this section may petition the court for a declaratory judgment.

(e) Additional duties and liabilities.--The terms of the trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities prescribed by this section.