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The Florida Statutes

The 2021 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 736
FLORIDA TRUST CODE
View Entire Chapter
F.S. 736.1411
736.1411 No duty to monitor, inform, or advise.
(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 1from 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 1from 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).
History.s. 22, ch. 2021-183.
1Note.The word “from” was substituted for the word “than” by the editors.