Sec. 9. (a) Subject to subsection (b), 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 section 6(b)(1) of this chapter, and the trustee is not liable for the action.
(b) A directed trustee must not comply with a trust director's exercise or nonexercise of a power of direction or further power under section 6(b)(1) of this chapter to the extent that by complying the trustee would engage in willful misconduct.
(c) An exercise of 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:
(1) the breach involved the trustee's or other director's willful misconduct;
(2) the release was induced by improper conduct of the trustee or other director in procuring the release; or
(3) at the time of the release, the director did not know the material facts relating to the breach.
(d) A directed trustee that has reasonable doubt about the directed trustee's duty under this section may petition the court for instructions.
(e) 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.
As added by P.L.221-2019, SEC.10.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 9. Uniform Directed Trust Act
30-4-9-5. Powers of Appointment
30-4-9-7. Rules Relating to Payback Provisions; Charitable Interest
30-4-9-8. Duties and Liabilities of a Trust Director
30-4-9-9. Duties and Liabilities of a Directed Trustee
30-4-9-10. Providing Information to a Trust Director; Liability; Breach of Trust
30-4-9-11. Duties of Trust Director and Trustee Under the Terms of the Trust
30-4-9-12. Relief of Cotrustee From Duties and Liabilities
30-4-9-13. Causes of Action; Statutes of Limitations
30-4-9-14. Causes of Action; Defenses