(1) The terms of a trust may provide for the appointment of more than one trustee but confer upon one or more of the trustees, to the exclusion of the others, the power to direct or prevent specified actions of the trustees.
(2) The excluded trustees shall act in accordance with the exercise of the power in the manner, and with the same duty and liability, as directed trustees with respect to a trust director’s power of direction under s. 736.1409, relating to the duties and liabilities of a directed trustee; s. 736.141, relating to the duties of a trustee and trust director to provide and rely on information; and s. 736.1411, relating to limitations on the duties of trustees or trust directors to monitor, inform, or advise on matters involving the other.
(3) The trustee or trustees having the power to direct or prevent actions of the excluded trustees shall be liable to the beneficiaries with respect to the exercise of the power as if the excluded trustees were not in office and shall have the exclusive obligation to account to and to defend any action brought by the beneficiaries with respect to the exercise of the power.
History.—s. 23, ch. 2021-183.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 736 - Florida Trust Code
Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)
736.1403 - Application; principal place of administration.
736.1406 - Power of trust director.
736.1407 - Limitations on trust director.
736.1408 - Duty and liability of trust director.
736.1409 - Duty and liability of directed trustee.
736.141 - Duty to provide information.
736.1411 - No duty to monitor, inform, or advise.
736.1412 - Application to cotrustee.
736.1413 - Limitation of action against trust director.
736.1414 - Defenses in action against trust director.