{"data":{"id":"us-nm/46-14-9","jurisdiction":"us-nm","citation":"46-14-9","heading":"Duty and liability of directed trustee.","body":"A. Subject to Subsection B of this section, 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 Paragraph (1) of Subsection B of Section 6 [46-14-6 NMSA 1978] of the Uniform Directed Trust Act, and the trustee is not liable for the action.\nB. A directed trustee shall not comply with a trust director's exercise or nonexercise of a power of direction or further power under Paragraph (1) of Subsection B of Section 6 of the Uniform Directed Trust Act to the extent that, by complying, the trustee would engage in willful misconduct.\nC. 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:\n(1) the breach involved the trustee's or other director's willful misconduct;\n(2) the release was induced by improper conduct of the trustee or other director in procuring the release; or\n(3) at the time of the release, the director did not know the material facts relating to the breach.\nD. A directed trustee that has reasonable doubt about its duty under this section may petition the district court for instructions.\nE. The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities imposed by the Uniform Directed Trust Act.","path":["Chapter 46 - Fiduciaries and Trusts","ARTICLE 14 Uniform Directed Trust"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18547/index.do","current_through":"2024-04-26","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"74ee37f9e083a5a0a9794adeca05a7484a6936d662510790ad7cd132ccc65a12","source_id":"us-nm","stale":false,"prev":"us-nm/46-14-8","next":"us-nm/46-14-10"},"notice":"GroundRules: Original legal text. Not legal advice."}