(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 grantor, 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 44D-8A-811(a)(1) of this code, a trustee does not assume the duty excluded by 44D-8A-811(a)(1) of this code.
(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 grantor, 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 44D-8A-811(b)(1) of this code, a trust director does not assume the duty excluded by 44D-8A-811(b)(1) of this code.
Structure West Virginia Code
Chapter 44D. Uniform Trust Code
Article 8A. West Virginia Uniform Directed Trust Act
§44D-8A-803. Application; Principal Place of Administration
§44D-8A-804. Common Law and Principles of Equity
§44D-8A-806. Powers of Trust Director
§44D-8A-807. Limitations on Trust Director
§44D-8A-808. Duty and Liability of Trust Director
§44D-8A-809. Duty and Liability of Directed Trustee
§44D-8A-810. Duty to Provide Information to Trust Director or Trustee
§44D-8A-811. No Duty to Monitor, Inform, or Advise
§44D-8A-812. Application to Cotrustee
§44D-8A-813. Limitation of Action Against Trust Director
§44D-8A-814. Defenses in Action Against Trust Director
§44D-8A-815. Jurisdiction Over Trust Director