Section 111 – No duty to monitor, inform, or advise.

• (1) Unless the terms of a trust provide otherwise:
  • (a) a trustee does not have a duty to:
    • (i) monitor a trust director; or
    • (ii) 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), a trustee does not assume the duty excluded under Subsection (1)(a).

• (2) Unless the terms of a trust provide otherwise:
  • (a) a trust director does not have a duty to:
    • (i) monitor a trustee or another trust director; or
    • (ii) 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
  • (b) by taking an action described in Subsection (1)(a), a trust director does not assume the duty excluded under Subsection (1)(a).

Enacted by Chapter 153, 2019 General Session