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2021 Florida Statutes (Including 2021B Session)

Title XLII ESTATES AND TRUSTS
Chapter 736 FLORIDA TRUST CODE Entire Chapter
SECTION 1409
Duty and liability of directed trustee.
F.S. 736.1409
736.1409 Duty and liability of directed trustee.—
(1) Subject to subsection (2), a directed trustee shall take reasonable action to comply with a trust director’s exercise or nonexercise of a power of direction or further power under s. 736.1406(3)(a), relating to additional power granted to a trust director in furtherance of an express power of direction, and the trustee is not liable for such reasonable action.
(2) A directed trustee may not comply with a trust director’s exercise or nonexercise of a power of direction or further power under s. 736.1406(3)(a), relating to additional power granted to a trust director in furtherance of an express power of direction, to the extent that by complying the trustee would engage in willful misconduct.
(3) Before complying with a trust director’s exercise of a power of direction, the directed trustee shall determine whether or not the exercise is within the scope of the trust director’s power of direction. The exercise of a power of direction is not outside the scope of a trust director’s power of direction merely because the exercise constitutes or may constitute a breach of trust.
(4) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:
(a) The breach involved the trustee’s or other director’s willful misconduct;
(b) The release was induced by improper conduct of the trustee or other director in procuring the release; or
(c) At the time of the release, the trust director did not know the material facts relating to the breach.
(5) A directed trustee that has reasonable doubt about its duty under this section may apply to the court for instructions, with attorney fees and costs to be paid from assets of the trust as provided in this code.
(6) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this part.
History.—s. 20, ch. 2021-183.