                                 CODE OF VIRGINIA

DUTY AND LIABILITY OF DIRECTED TRUSTEE (§ 64.2-779.32)

A. Subject to subsection B, a directed trustee shall take reasonable action to
comply with a trust director&#8217;s exercise or nonexercise of a power of
direction or further power under subdivision B 1 of &#xA7; 64.2-779.29, and the
trustee is not liable for the action.

B. A directed trustee must not comply with a trust director&#8217;s exercise or
nonexercise of a power of direction or further power under subdivision B 1 of
&#xA7; 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&#8217;s or other trust director&#8217;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.

HISTORY: 2020, c. 768.