No duty to monitor, inform, or advise.

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

(a) A trustee does not have a duty to:

  1. Monitor a trust director; or

  2. 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) of this section, a trustee does not assume a duty excluded by subsection (1)(a) of this section.

(2) Unless the terms of a trust provide otherwise: (a) A trust director does not have a duty to:

  1. Monitor a trustee or another trust director; or

  2. Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerningan instance in which the director might have acted differently than a trustee or another trust director; and

(b) By taking an action described in subsection (2)(a) of this section, a trust director does not assume the duty excluded by subsection (2)(a) of this section.

(3) Unless the terms of a trust provide otherwise, section 15-5-1012 does not apply to a trust director.

Source: L. 2019: Entire part R&RE, (SB 19-105), ch. 51, p. 171, § 1, effective August 2.


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