No duty to monitor, inform, or advise
KRS 386B.12-100
in effect386B.12-100. No duty to monitor, inform, or advise
(1) Unless the terms of a trust provide otherwise:
(a) The trustee shall 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 than the director; and
(b) By taking an action described in paragraph (a) of this subsection, a trustee does not assume the duty excluded by paragraph (a) of this subsection.
(2) Unless the terms of a trust provide otherwise:
(a) The trust director shall 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 director might have acted differently than a trustee or another director; and
(b) By taking an action described in paragraph (a) of this subsection, a trust director does not assume the duty excluded by paragraph (a) of this subsection.
Effective: July 15, 2026
History: Created 2026 Ky. Acts ch. 134, sec. 79, effective July 15, 2026.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57742Fetched: 10/20/2026