(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) 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:
- (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 (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.