KRS 386B.7-030: Cotrustees.
Where this section sits in the code
(1) Cotrustees who are unable to reach a unanimous decision may act by majority
decision.
(2) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the
trust.
(3) Subject to KRS 386B.12 -110, a cotrustee shall participate in the performan ce 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 a nother
trustee.
(4) 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.
(5) A trustee may not delegate to a cotrustee the performance of a function the settlor
reasonably expected the trustees to perform jointly. Unless a d elegation was
irrevocable, a trustee may revoke a delegation previously made.
(6) Except as otherwise provided in subsection (7) of this section, a trustee who does
not join in an action of another trustee is not liable for the action.
(7) Subject to KRS 386B.12-110, each trustee shall exercise reasonable care to:
(a) Prevent a cotrustee from committing a breach of trust; and
(b) Compel a cotrustee to redress a breach of trust.
(8) 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 breach of trust.
Collected 2026-09-05T20:59:19Z. Source file · JSON