2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 77 - Trusts
7763 - Cotrustees - UTC 703.

     § 7763.  Cotrustees - UTC 703.
        (a)  Majority decision.--Cotrustees who do not reach a
     unanimous decision may act by majority decision.
        (a.1)  When no majority.--When a dispute arises among
     trustees as to the exercise or nonexercise of any of their
     powers and there is no agreement by a majority of them, unless
     otherwise provided by the trust instrument, the court in its
     discretion, upon petition filed by any of the trustees or any
     party in interest, aided if necessary by the report of a master,
     may direct the exercise or nonexercise of the power as it deems
     necessary for the best interest of the trust.
        (b)  Vacancy.--If a vacancy occurs in a cotrusteeship, the
     remaining cotrustees may act for the trust.
        (c)  Performance.--A cotrustee shall participate in the
     performance of a trustee's function unless the cotrustee is
     unavailable to perform the function because of absence, illness,
     disqualification under the law or other reason or the cotrustee
     has properly delegated the performance of the function to
     another trustee.
        (d)  Unavailability.--If a cotrustee is unavailable to
     perform duties and prompt action is necessary to achieve the
     purposes of the trust or to avoid injury or loss to the trust
     property, the remaining cotrustee or a majority of the remaining
     cotrustees may act for the trust.
        (e)  (Reserved).
        (f)  Liability.--Except as otherwise provided in subsection
     (g), a trustee who does not join in an action of another trustee
     is not liable for the action.
        (g)  Reasonable care.--Each trustee shall exercise reasonable
     care to:
            (1)  prevent a cotrustee from committing a breach of
        trust involving fraud or self-dealing; and
            (2)  compel a cotrustee to redress a breach of trust
        involving fraud or self-dealing.
        (h)  Dissenting trustee.--A dissenting trustee shall join the
     majority to carry out a majority decision requiring affirmative
     action and may be ordered to do so by the court. A dissenting
     trustee who joins in an action at the direction of the majority
     of the trustees and who notified any cotrustee of the dissent at
     or before the time of the action is not liable for the action
     unless the action is a breach of trust involving fraud or self-
     dealing.