72-40-115. No duty to monitor, inform, or advise. (1) Unless the terms of a trust provide otherwise:
(a) a trustee does not have a duty to:
(i) monitor a trust director; or
(ii) 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
(b) by taking an action described in subsection (1)(a), a trustee does not assume the duty excluded by subsection (1)(a).
(2) Unless the terms of a trust provide otherwise:
(a) a trust director does not have a duty to:
(i) monitor a trustee or another trust director; or
(ii) 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
(b) by taking an action described in subsection (2)(a), a trust director does not assume the duty excluded by subsection (2)(a).
History: En. Sec. 11, Ch. 325, L. 2021.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 40. Uniform Directed Trust Act
72-40-103. Application -- principal place of administration
72-40-104. Common law and principles of equity
72-40-106. through 72-40-109 reserved
72-40-110. Powers of trust director
72-40-111. Limitations on trust director
72-40-112. Duty and liability of trust director
72-40-113. Duty and liability of directed trustee
72-40-114. Duty to provide information to trust director or trustee
72-40-115. No duty to monitor, inform, or advise
72-40-116. Application to cotrustee
72-40-117. Limitation of action against trust director
72-40-118. Defenses in action against trust director
72-40-119. Jurisdiction over trust director
72-40-120. Office of trust director
72-40-121. Uniformity of application and construction
72-40-122. Relation to electronic signatures in global and national commerce act