§ 16618

(a) (1) Unless the terms of a trust provide otherwise, a trustee does not have a duty to do either of the following:

(A) Monitor a trust director.

(B) 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 trust director.

(2) By taking an action described in paragraph (1), a trustee does not assume the duty excluded by paragraph (1).

(b) (1) Unless the terms of a trust provide otherwise, a trust director does not have a duty to do either of the following:

(A) Monitor a trustee or another trust director.

(B) Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the trust director might have acted differently than a trustee or another trust director.

(2) By taking an action described in paragraph (1), a trust director does not assume the duty excluded by paragraph (1).

(Added by Stats. 2023, Ch. 721, Sec. 3. (SB 801) Effective January 1, 2024.)