(a) Unless the terms of a trust provide otherwise:
(1) a trustee does not have a duty to:
(A) monitor a trust director; or
(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 director; and
(2) by taking an action described in paragraph (1), a trustee does not assume the duty excluded by paragraph (1).
(b) Unless the terms of a trust provide otherwise:
(1) a trust director does not have a duty to:
(A) monitor a trustee or another trust director; or
(B) 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) by taking an action described in paragraph (1), a trust director does not assume the duty excluded by paragraph (1).
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 76 - Uniform Directed Trust Act [Effective January 1, 2020]
§ 28-76-101. Title. [Effective January 1, 2020.]
§ 28-76-102. Definitions. [Effective January 1, 2020.]
§ 28-76-103. Application — Principal place of administration. [Effective January 1, 2020.]
§ 28-76-104. Common law and principles of equity. [Effective January 1, 2020.]
§ 28-76-105. Exclusions. [Effective January 1, 2020.]
§ 28-76-106. Powers of trust director. [Effective January 1, 2020.]
§ 28-76-107. Limitations on trust director. [Effective January 1, 2020.]
§ 28-76-108. Duty and liability of trust director. [Effective January 1, 2020.]
§ 28-76-109. Duty and liability of directed trustee. [Effective January 1, 2020.]
§ 28-76-110. Duty to provide information to trust director or trustee. [Effective January 1, 2020.]
§ 28-76-111. No duty to monitor, inform, or advise. [Effective January 1, 2020.]
§ 28-76-112. Application to trustee. [Effective January 1, 2020.]
§ 28-76-113. Limitation of action against trust director. [Effective January 1, 2020.]
§ 28-76-114. Defenses in action against trust director. [Effective January 1, 2020.]
§ 28-76-115. Jurisdiction over trust director. [Effective January 1, 2020.]
§ 28-76-116. Office of trust director. [Effective January 1, 2020.]
§ 28-76-117. Uniformity of application and construction. [Effective January 1, 2020.]