75B-3-111. No duty to monitor, inform, or advise.
178 words·~1 min read·
/ut/title-75b/chapter-3/75b-3-111A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
75B-3-111. 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) .
Renumbered and Amended by Chapter 310 , 2025 General Session