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Fla. Stat. § 736.1411 – Florida Statutes

Text of Fla. Stat. § 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 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 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 of Fla. Stat. § 736.1411

Fla. Stat. § 736.1411 became law on July 1, 2021 as part of the Florida Uniform Directed Trust Act. In 2022, an editors’ note was removed regarding the word “from,” which had been substituted for the word “than” in two places by those editors. Otherwise, the text has remained unchanged since 2021.

Cases Citing Fla. Stat. § 736.1411

Currently, no cases cite or reference Fla. Stat. § 736.1411.