Duty and liability of directed trustee

58-5009. 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 K.S.A. 58-5006(b)(1), and amendments thereto, 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 K.S.A. 58-5006(b)(1), and amendments thereto, 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 director's willful misconduct; (2) the release was induced by improper conduct of the trustee or other director in procuring the release; or (3) at the time of the release, the 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 district 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: L. 2022, ch. 16, § 9; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026