Section 2109 - Duty and liability of directed trustee1.Reasonable action to comply. 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 section 2106, subsection 2, paragraph A, and the trustee is not liable for the action. [2019, c. 301, §8 (NEW).]
2.No compliance if willful misconduct. A directed trustee may not comply with a trust director's exercise or nonexercise of a power of direction or further power under section 2106, subsection 2, paragraph A to the extent that by complying the trustee would engage in willful misconduct. [2019, c. 301, §8 (NEW).]
3.Release from liability not effective. 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; [2019, c. 301, §8 (NEW).]B. The release was induced by improper conduct of the trustee or other director in procuring the release; or [2019, c. 301, §8 (NEW).]C. At the time of the release, the director did not know the material facts relating to the breach. [2019, c. 301, §8 (NEW).] [2019, c. 301, §8 (NEW).]
4.Petition court for instructions. A directed trustee that has reasonable doubt about its duty under this section may petition the Probate Court or the Superior Court for instructions. [2019, c. 301, §8 (NEW).]
5.Additional duty or liability. 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. [2019, c. 301, §8 (NEW).]
Added by 2019, c. 301,§ 8, eff. 9/19/2019.