§ 7790.2. Protection of person dealing with trustee - UTC 1012.

323 words·~1 min read·/pa/title-20/chapter-77/7790-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)(Reserved).

(a.1) Protection from liability.-- Unless a person assisting or dealing with a trustee has actual knowledge that the trustee is committing a breach of trust or has knowledge of such facts that the trustee's conduct amounts to bad faith, the person:

(1)may assume without inquiry the existence of trust powers and their proper exercise by the trustee;

(2)is not bound to inquire whether the trustee has power to act or is properly exercising the power; and

(3)is fully protected in dealing with the trustee as if the trustee possessed and properly exercised the powers the trustee purports to exercise.

(b)No requirement to inquire.-- A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.

(c)(Reserved).

(c.1) Ultra vires.-- A trustee's act may not be set aside or not specifically enforced because the trustee's act was not authorized by section 7780.5 (relating to powers of trustees - UTC 815) or 7780.6 (relating to illustrative powers of trustee) or because the trustee's act was authorized but the authority was improperly exercised. A court's power to set aside a transaction for fraud, accident, mistake or self-dealing is unaffected by this subsection.

(d)Former trustee.-- A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.

(e)Effect of other laws.-- Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.

20c7790.2v

Cross References. Section 7790.2 is referred to in sections 7705, 7772, 7781 of this title.

20c7790.3s