Working with others · 6 min read
Delegating to an agent
Est. & Trusts § 14.5-807(a) provides that a trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances, even to an agent associated with the trustee, and exercises reasonable care, skill and caution in selecting the agent, establishing the scope and terms of the delegation consistent with the trust's purposes and terms, and periodically reviewing the agent's actions. The agent owes the trust reasonable care in complying with the delegation's terms and, by accepting it, submits to Maryland's courts (§ 14.5-807(b), (c)). A delegation of investment functions under Est. & Trusts § 15-114 follows that section instead (§ 14.5-807(d)).
Advisers, and their directions
Where the terms give a person other than the settlor of a revocable trust a power to direct, consent to or disapprove the trustee's investment, distribution or other decisions, that person is an adviser and a fiduciary, required to act reasonably with regard to the trust's purposes and the beneficiaries' interests, and liable for a loss from a breach (Est. & Trusts § 14.5-808(b)). The trustee may not follow a direction manifestly contrary to the terms, unless the settlor waived that in writing, or one the trustee knows would breach the adviser's duty (§ 14.5-808(b)(1)(ii)).
Where the terms require the trustee to follow the adviser's direction, the trustee is liable for a resulting loss only for its own willful misconduct and has no duty to monitor the adviser, advise it, or warn a beneficiary or third party where it would have acted differently; recording and reporting the directed actions is presumed administrative (Est. & Trusts § 14.5-808(c)). Unless the terms provide otherwise, an investment adviser may direct the retention, purchase, sale and encumbrance of the trust property, vote proxies and select investment advisers (§ 14.5-808(d)).
The settlor's direction while the trust is revocable
While a trust is revocable, the trustee may follow the settlor's written direction even if it is contrary to the terms (Est. & Trusts § 14.5-808(a)), and the trustee's duties are owed exclusively to the settlor (Est. & Trusts § 14.5-603(a)).
The trustee's own counsel
From October 1, 2026, unless the client waives it, a communication between an attorney and a client acting as a fiduciary is privileged even where fiduciary funds pay the attorney, and the fiduciary relationship with a beneficiary does not waive it (Est. & Trusts § 15-117).
The statutes, verbatim
Cotrustees
Est. & Trusts § 14.5-703 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Delegation by trustee
Est. & Trusts § 14.5-807 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Powers to direct; advisers
Est. & Trusts § 14.5-808 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Attorney-client privilege of a fiduciary
Est. & Trusts § 15-117 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Common questions
Can a Maryland trustee hire people to help?
Yes — a trustee may delegate what a prudent trustee of comparable skills could properly delegate, with reasonable care in selecting the agent, setting the delegation's scope and periodically reviewing the agent (Est. & Trusts § 14.5-807(a)).
Is a Maryland trustee liable for following an adviser's direction?
Where the terms require the trustee to follow it, only for the trustee's own willful misconduct (Est. & Trusts § 14.5-808(c)(1)(i)) — but the trustee may not follow a direction manifestly contrary to the terms or one it knows would be a breach (§ 14.5-808(b)(1)(ii)).
Are a Maryland trustee's talks with their lawyer private from the beneficiaries?
From October 1, 2026, the communications are privileged unless the trustee waives it, and the fiduciary relationship does not waive the privilege (Est. & Trusts § 15-117).
Related reading
The Learning Center is general information about Maryland law — not legal advice, and not a substitute for advice from a licensed Maryland attorney about your specific facts. TrusteeClear is software, not a law firm.
Frequently asked questions
- Can a Maryland trustee hire people to help?
- Yes — a trustee may delegate what a prudent trustee of comparable skills could properly delegate, with reasonable care in selecting the agent, setting the delegation's scope and periodically reviewing the agent (Est. & Trusts § 14.5-807(a)).
- Is a Maryland trustee liable for following an adviser's direction?
- Where the terms require the trustee to follow it, only for the trustee's own willful misconduct (Est. & Trusts § 14.5-808(c)(1)(i)) — but the trustee may not follow a direction manifestly contrary to the terms or one it knows would be a breach (§ 14.5-808(b)(1)(ii)).
- Are a Maryland trustee's talks with their lawyer private from the beneficiaries?
- From October 1, 2026, the communications are privileged unless the trustee waives it, and the fiduciary relationship does not waive the privilege (Est. & Trusts § 15-117).
General information about Maryland law, not legal advice.