Florida Statutes § 736.1411

No duty to monitor, inform, or advise

2026 Florida Statutes.

  1. (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:
    1. (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.
    2. (b)
      By taking an action described in paragraph (a), a trustee does not assume the duty excluded by paragraph (a).
  2. (2)
    Notwithstanding s. 736.1408(1), relating to the fiduciary duty of a trust director, unless the terms of a trust provide otherwise:
    1. (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.
    2. (b)
      By taking an action described in paragraph (a), a trust director does not assume the duty excluded by paragraph (a).

History

History.—s. 22, ch. 2021-183; s. 58, ch. 2022-4.