No duty to monitor, inform, or advise.
Utah Code § 75B-3-111
in effect75B-3-111. 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).
Renumbered and Amended by Chapter 310, 2025 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title75B/Chapter3/75B-3-S111.html?v=C75B-3-S111_2025050720250507Fetched: 10/26/2026
