§44D-10-1005. Limitation of Action Against Trustee
(a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed […]
§44D-10-1006. Reliance on Trust Instrument
A trustee who acts in reasonable reliance on the terms of the trust instrument as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
§44D-10-1007. Event Affecting Administration or Distribution
If the happening of an event, including, but not limited to, marriage, divorce, performance of educational requirements, attaining a specific age or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's […]
§44D-10-1008. Exculpation of Trustee
(a) A term of a trust instrument relieving a trustee of liability for breach of trust is unenforceable to the extent that it: (1) Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries, subject to […]
§44D-10-1009. Beneficiary's Consent, Release or Ratification
(a) A trustee is not liable to a beneficiary for breach of trust if the beneficiary, while having capacity, consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless: (1) The consent, release or ratification of the beneficiary was induced by improper […]
§44D-10-1010. Limitation on Personal Liability of Trustee
(a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity. (b) A trustee is personally liable for torts committed in the course of […]
§44D-10-1011. Interest as General Partner
(a) Except as otherwise provided in subsection (c) of this section or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest […]
§44D-9-901. Uniform Prudent Investor Act
The Uniform Prudent Investor Act is contained in article six-c, chapter forty-four of this code.
§44D-10-1001. Remedies for Breach of Trust
(a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. (b) To remedy a breach of trust that has occurred or may occur, the court may: (1) Compel the trustee to perform the trustee's duties;
§44D-8B-24. Terms of Second Trust
Any reference in this chapter to a trust instrument or terms of the trust includes a second-trust instrument and the terms of the second trust.