If the trustee fails to prosecute, defend, or continue to defend the trust or its assets because the conditions set forth in subdivision 55-1A-32(1) or (2) have not been fulfilled, the trustee is not liable for any such failure even if the failure, including without limitation a withdrawal from a proceeding, may result in the granting or awarding of relief against the trustee or the trust, including without limitation a distribution of trust assets in satisfaction of a claim. For purposes of chapter 55-1A, the term, prosecute, or, defend or continue to defend, means:

1. (1) Instituting, participating in, intervening in or defending a lawsuit, action in equity or administrative, arbitration or mediation proceeding (collectively a proceeding); or
2. (2) Taking any other action to resist such claim. This section and § 55-1A-32 control unless the governing instrument specifically provides otherwise.

Source: SL 2017, ch 204 , § 14.