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2019 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 12 - Uniform Directed Trust Act
Section 109 - Duty and liability of directed trustee.
Universal Citation: UT Code § 75-12-109 (2019)
Effective 5/14/2019
75-12-109. Duty and liability of directed trustee.
Enacted by Chapter 153, 2019 General Session
75-12-109. Duty and liability of directed trustee.
- (1) Subject to Subsection (2), a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under Subsection 75-12-106(2)(a), and the trustee is not liable for the action.
- (2) A directed trustee may not comply with a trust director's exercise or nonexercise of a power of direction or further power under Subsection 75-12-106(2)(a) to the extent that by complying the trustee would engage in willful misconduct.
- (3) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:
- (a) the breach involved the trustee's or other director's willful misconduct;
- (b) the release was induced by improper conduct of the trustee or other director in procuring the release; or
- (c) at the time of the release, the director did not know the material facts relating to the breach.
- (4) A directed trustee that has reasonable doubt about the directed trustee's duty under this section may petition the court for instructions.
- (5) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
Enacted by Chapter 153, 2019 General Session
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