- (a) Duty to comply with power of direction.— Subject to subsection (b), a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction, and the directed trustee shall not be liable for that action.
- (b) Exception for willful misconduct.— A directed trustee shall not comply with a trust director's exercise or nonexercise of a power of direction to the extent that, by doing so, the directed trustee would engage in willful misconduct.
(c) When release from liability ineffective.— An exercise of a power of direction under which a trust director purports to release a trustee or another trust director from liability for breach of trust is ineffective:
- (1) to the extent that it would relieve the trustee or the other trust director of liability for a breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries;
- (2) if the release was induced by improper conduct of the trustee or the other trust director in procuring the release; or
- (3) if, at the time of the release, the trust director that exercised the power did not know of the material facts relating to the breach.
- (d) Petition for declaratory judgment.— A directed trustee that has reasonable doubt about its duty under this section may petition the court for a declaratory judgment.
- (e) Additional duties and liabilities.— The terms of the trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities prescribed by this section.
Cross References. Section 7780.20 is referred to in sections 7705, 7780.23 of this title.