A. Unless the terms of a trust provide otherwise: (1)     a trustee does not have a duty to:

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Terms Used In New Mexico Statutes 46-14-11

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.

(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) of this subsection, a trustee does not assume the duty excluded by that paragraph.

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) of this subsection, a trust director does not assume the duty excluded by that paragraph.