14-10703

14-10703. Cotrustees

A. Cotrustees who are unable to reach a unanimous decision may act by majority
decision.

B. If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the
trust.

C. A cotrustee must participate in the performance of a trustee's function unless
the cotrustee is unavailable to perform the function because of absence, illness,
disqualification under other law or other temporary incapacity or the cotrustee has
properly delegated the performance of the function to another trustee.

D. If a cotrustee is unavailable to perform duties because of absence, illness,
disqualification under other law or other temporary incapacity, and prompt action is
necessary to achieve the purposes of the trust or to avoid injury to the trust property,
the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.

E. A trustee may delegate to a cotrustee the performance of a function unless the
terms of the trust provide that the trustees perform jointly. Unless a delegation was
irrevocable, a trustee may revoke a delegation previously made.

F. Except as otherwise provided in subsection G, a trustee who does not join in an
action of another trustee is not liable for the action.

G. Each trustee shall exercise reasonable care to:

1. Prevent a cotrustee from committing a material breach of trust.

2. Compel a cotrustee to redress a material breach of trust.

H. A dissenting trustee who joins in an action at the direction of the majority of
the trustees and who notified any cotrustee of the dissent at or before the time of the
action is not liable for the action unless the action is a material breach of trust.