75-12-111. 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 under 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 (1)(a), a trust director does not assume the duty excluded under Subsection (1)(a).
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