PART 3. TRUSTEES AND BENEFICIARIES [15600. - 15805.]
Part 3 enacted by Stats. 1990, Ch. 79.
§§ 15600–15805 · 31 sections
CHAPTER 1. Trustees §§ 15600–15688 · 25 sections
ARTICLE 1. General Provisions §§ 15600–15604 · 5 sections
- § 15600 (a) The person named as trustee may accept the trust, or a modification of the trust, by one of the following methods: (1) Signing the trust instrument or the…
- § 15601 (a) A person named as trustee may in writing reject the trust or a modification of the trust. (b) If the person named as trustee does not accept the trust or a…
- § 15602 (a) A trustee is not required to give a bond to secure performance of the trustee’s duties, unless any of the following circumstances occurs: (1) A bond is…
- § 15603 On application by the trustee, the court clerk shall issue a certificate that the trustee is a duly appointed and acting trustee under the trust if the court…
- § 15604 (a) Notwithstanding any other provision of law, a nonprofit charitable corporation may be appointed as trustee of a trust created pursuant to this division, if…
ARTICLE 2. Cotrustees §§ 15620–15622 · 3 sections
- § 15620 Unless otherwise provided in the trust instrument, a power vested in two or more trustees may only be exercised by their unanimous action.
- § 15621 Unless otherwise provided in the trust instrument, if a vacancy occurs in the office of a cotrustee, the remaining cotrustee or cotrustees may act for the…
- § 15622 Unless otherwise provided in the trust instrument, if a cotrustee is unavailable to perform the duties of the cotrustee because of absence, illness, or other…
ARTICLE 3. Resignation and Removal of Trustees §§ 15640–15645 · 6 sections
- § 15640 A trustee who has accepted the trust may resign only by one of the following methods: (a) As provided in the trust instrument. (b) In the case of a revocable…
- § 15641 The liability for acts or omissions of a resigning trustee or of the sureties on the trustee’s bond, if any, is not released or affected in any manner by the…
- § 15642 (a) A trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on petition of a settlor, cotrustee, or beneficiary…
- § 15643 There is a vacancy in the office of trustee in any of the following circumstances: (a) The person named as trustee rejects the trust. (b) The person named as…
- § 15644 When a vacancy has occurred in the office of trustee, the former trustee who holds property of the trust shall deliver the trust property to the successor…
- § 15645 If the trustee of a trust that is not revocable has refused to transfer administration of the trust to a successor trust company on request of the…
ARTICLE 4. Appointment of Trustees §§ 15660–15660.5 · 2 sections
- § 15660 (a) If the trust has no trustee or if the trust instrument requires a vacancy in the office of a cotrustee to be filled, the vacancy shall be filled as…
- § 15660.5 (a) The court may appoint as trustee of a trust the public guardian or public administrator of the county in which the matter is pending subject to the…
ARTICLE 5. Compensation and Indemnification of Trustees §§ 15680–15688 · 9 sections
- § 15680 (a) Subject to subdivision (b), and except as provided in Section 15688, if the trust instrument provides for the trustee’s compensation, the trustee is…
- § 15681 If the trust instrument does not specify the trustee’s compensation, the trustee is entitled to reasonable compensation under the circumstances.
- § 15682 The court may fix an amount of periodic compensation under Sections 15680 and 15681 to continue for as long as the court determines is proper.
- § 15683 Unless the trust instrument otherwise provides or the trustees otherwise agree, if the trust has two or more trustees, the compensation shall be apportioned…
- § 15684 A trustee is entitled to the repayment out of the trust property for the following: (a) Expenditures that were properly incurred in the administration of the…
- § 15685 The trustee has an equitable lien on the trust property as against the beneficiary in the amount of advances, with any interest, made for the protection of the…
- § 15686 (a) As used in this section, “trustee’s fee” includes, but is not limited to, the trustee’s periodic base fee, rate of percentage compensation, minimum fee,…
- § 15687 (a) Notwithstanding any provision of a trust to the contrary, a trustee who is an attorney may receive only (1) the trustee’s compensation provided in the…
- § 15688 Notwithstanding any other provision of this article and the terms of the trust, a public guardian or public administrator who is appointed as a trustee of a…
CHAPTER 2. Beneficiaries §§ 15800–15805 · 6 sections
- § 15800 (a) Except to the extent that the trust instrument otherwise provides or where the joint action of the settlor and all beneficiaries is required, during the…
- § 15801 (a) In any case where the consent of a beneficiary may be given or is required to be given before an action may be taken, during the time that a trust is…
- § 15802 Notwithstanding any other statute, during the time that a trust is revocable and the person holding the power to revoke the trust is competent, a notice that…
- § 15803 The holder of a presently exercisable general power of appointment or power to withdraw property from the trust has the rights of a person holding the power to…
- § 15804 (a) Notice to a person who may represent and bind another person pursuant to this section is sufficient to comply with a requirement in this division that…
- § 15805 Notwithstanding any other provision of law, the Attorney General is subject to the limitations on the rights of beneficiaries of revocable trusts provided by…