1. (1) Unless the terms of a trust provide otherwise:

   1. (a) a trustee does not have a duty to:

      1. (i) monitor a trust director; or
      2. (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
   2. (b) by taking an action described in Subsection (1)(a), a trustee does not assume the duty excluded under Subsection (1)(a).

2. (2) Unless the terms of a trust provide otherwise:

   1. (a) a trust director does not have a duty to:

      1. (i) monitor a trustee or another trust director; or
      2. (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
   2. (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