Utah Code 75-12-109. Duty and liability of directed trustee

(1)	Subject to Subsection (2), 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 Subsection 75-12-106(2)(a), and the trustee is not liable for the action.

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Terms Used In Utah Code 75-12-109

Breach of trust: includes a violation by a trust director or trustee of a duty imposed on the director or trustee by the terms of the trust, this chapter, or the law of this state other than this chapter pertaining to trusts. See Utah Code 75-12-102
Directed trustee: means a trustee that is subject to a trust director's power of direction. See Utah Code 75-12-102
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Power of direction: includes a power over the investment, management, or distribution of trust property or other matters of trust administration. See Utah Code 75-12-102
Terms of a trust: means :

(a)

subject to Subsection (8)(b), the manifestation of the settlor's intent regarding a trust's provisions as:

(i)	expressed in the trust instrument; or

(ii)	established by other evidence that would be admissible in a judicial proceeding; or

(b)

the trust's provisions as established, determined, or amended by:

(i)	a trustee or trust director in accordance with applicable law;

(ii)	a court order; or

(iii)

a nonjudicial settlement agreement under Section 75-7-110. See Utah Code 75-12-102

Trust director: means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee, regardless of whether:

(a)	the terms of the trust refer to the person as a trust director; or

(b)	the person is a beneficiary or settlor of the trust. See Utah Code 75-12-102 Trustee: includes an original, additional, and successor trustee, and a cotrustee. See Utah Code 75-12-102 Trustee: A person or institution holding and administering property in trust.
(2)	A directed trustee may not comply with a trust director’s exercise or nonexercise of a power of direction or further power under Subsection 75-12-106(2)(a) to the extent that by complying the trustee would engage in willful misconduct.

(3)

An exercise of a 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:

(a)	the breach involved the trustee’s or other director’s willful misconduct;

(b)	the release was induced by improper conduct of the trustee or other director in procuring the release; or

(c)	at the time of the release, the director did not know the material facts relating to the breach.

(4)	A directed trustee that has reasonable doubt about the directed trustee’s duty under this section may petition the court for instructions.

(5)	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.

Enacted by Chapter 153, 2019 General Session

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