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Florida Statutes Title XLII. Estates and Trusts § 736.1411. No duty to monitor, inform, or advise

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Notwithstanding s. 736.1409(1), relating to the duty of a directed trustee to take reasonable action when directed and to the release of liability for such action, unless the terms of a trust provide otherwise:

(a) A trustee does not have a duty to:

1. Monitor a trust director; or

2. Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently from the trust director.

(b) By taking an action described in paragraph (a), a trustee does not assume the duty excluded by paragraph (a).

(2) Notwithstanding s. 736.1408(1), relating to the fiduciary duty of a trust director, unless the terms of a trust provide otherwise:

(a) A trust director does not have a duty to:

1. Monitor a trustee or another trust director; or

2. Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the trust director might have acted differently from  1 a trustee or another trust director.

(b) By taking an action described in paragraph (a), a trust director does not assume the duty excluded by paragraph (a).

1 The word “from” was substituted for the word “than” by the Division of Law Revision.
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Cite this article: FindLaw.com - Florida Statutes Title XLII. Estates and Trusts § 736.1411. No duty to monitor, inform, or advise - last updated January 01, 2025 | https://codes.findlaw.com/fl/title-xlii-estates-and-trusts/fl-st-sect-736-1411/

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