§ 75B-3-109 — Duty and liability of directed trustee.

(1) 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 Subsection 75B-3-106(2)(a), and the trustee is not liable for the action.
(2) A directed trustee may not comply with a trust director's exercise or nonexercise of a power of direction or further power under Subsection 75B-3-106(2)(a) to the extent that by complying the trustee would engage in willful misconduct.
(3) 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:
(3)(a) the breach involved the trustee's or other director's willful misconduct;
(3)(b) the release was induced by improper conduct of the trustee or other director in procuring the release; or
(3)(c) at the time of the release, the director did not know the material facts relating to the breach.
(4) A directed trustee that has reasonable doubt about the directed trustee's duty under this section may petition the court for instructions.
(5) 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.

Legislative History

Renumbered and Amended by Chapter 310, 2025 General Session