No duty to monitor, inform, or advise. [Effective January 1, 2020.]

  1. Law
  2. Arkansas Code
  3. Wills, Estates, and Fiduciary Relationships
  4. Fiduciary Relationships
  5. Uniform Directed Trust Act [Effective January 1, 2020]
  6. No duty to monitor, inform, or advise. [Effective January 1, 2020.]

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  1. (a) Unless the terms of a trust provide otherwise:

    1. (1) a trustee does not have a duty to:

      1. (A) monitor a trust director; or

      2. (B) 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

    2. (2) by taking an action described in paragraph (1), a trustee does not assume the duty excluded by paragraph (1).

  2. (b) Unless the terms of a trust provide otherwise:

    1. (1) a trust director does not have a duty to:

      1. (A) monitor a trustee or another trust director; or

      2. (B) 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 or another trust director; and

    2. (2) by taking an action described in paragraph (1), a trust director does not assume the duty excluded by paragraph (1).


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