Section 13.36.110. Liability of trustee relating to exercise of power.

Latest version.

A dissenting trustee who has joined another trustee in exercising a power is not liable to the beneficiaries or to others for the consequences of the exercise of the power if the dissenting trustee joins because of a requirement for unanimous trustee consent to the exercise of the power. The dissenting trustee's dissent must be presented in writing to a co-trustee and a legally competent beneficiary or, if the beneficiary is a minor or an incompetent person, the representative of the beneficiary. A trustee who is not authorized to exercise a power is not liable to the beneficiaries or to others for
        (1) the exercise by a co-trustee of the power; or
        (2) the failure to exercise that power.

Notes

History

(Sec. 12 ch 105 SLA 1998)

                    
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