Title 64.2. Wills, Trusts, and Fiduciaries
Chapter 7. Uniform Trust Code
§ 64.2-779.32. Duty and liability of directed trustee.
A. Subject to subsection B, 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 subdivision B 1 of § 64.2-779.29, and the trustee is not liable for the action.
B. A directed trustee must not comply with a trust director's exercise or nonexercise of a power of direction or further power under subdivision B 1 of § 64.2-779.29 to the extent that by complying the trustee would engage in willful misconduct.
C. 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:
1. The breach involved the trustee's or other trust director's willful misconduct;
2. The release was induced by improper conduct of the trustee or other trust director in procuring that release; or
3. At the time of the release, the trust director did not know the material facts relating to the breach.
D. A directed trustee that has reasonable doubt about its duty under this section may petition the court for instructions.
E. The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.
2020, c. 768.
