456.7-703. Cotrustees.

MISSOURI STATUTES AND CODES

Cotrustees.

456.7-703. 1. Cotrustees shall act by majority decision.

2. If a vacancy occurs in a cotrusteeship, the remaining cotrusteesmay act for the trust.

3. A cotrustee must participate in the performance of a trustee'sfunction unless the cotrustee is unavailable to perform the functionbecause of absence, illness, disqualification under other law, or othertemporary incapacity or the cotrustee has properly delegated theperformance of the function to another trustee.

4. If a cotrustee is unavailable to perform duties because ofabsence, illness, disqualification under other law, or other temporaryincapacity, and prompt action is necessary to achieve the purposes of thetrust or to avoid injury to the trust property, the remaining cotrustee ora majority of the remaining cotrustees may act for the trust.

5. A trustee may delegate to a cotrustee the performance of afunction in accordance with subsection 1 of section 456.8-807. Unless adelegation was irrevocable, a trustee may revoke a delegation previouslymade.

6. Except as otherwise provided in subsection 7 of this section, atrustee who does not join in an action of another trustee is not liable forthe action.

7. Each trustee shall exercise reasonable care to:

(1) prevent a cotrustee from committing a serious breach of trust;and

(2) compel a cotrustee to redress a serious breach of trust.

8. A dissenting trustee who joins in an action at the direction ofthe majority of the trustees and who notified any cotrustee of the dissentat or before the time of the action is not liable for the action unless theaction is a serious breach of trust.