CHAPTER 4. Liability of Trustees to Beneficiaries [16400. - 16465.]

Chapter 4 enacted by Stats. 1990, Ch. 79.

§§ 16400–16465 · 15 sections

1. ARTICLE 1. Liability for Breach of Trust §§ 16400–16403 · 4 sections

   • § 16400 A violation by the trustee of any duty that the trustee owes the beneficiary is a breach of trust.
   • § 16401 (a) Except as provided in subdivision (b), the trustee is not liable to the beneficiary for the acts or omissions of an agent. (b) Under any of the…
   • § 16402 (a) Except as provided in subdivision (b), a trustee is not liable to the beneficiary for a breach of trust committed by a cotrustee. (b) A trustee is liable…
   • § 16403 (a) Except as provided in subdivision (b), a successor trustee is not liable to the beneficiary for a breach of trust committed by a predecessor trustee. (b) A…
2. ARTICLE 2. Remedies for Breach of Trust §§ 16420–16421 · 2 sections

   • § 16420 (a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary or cotrustee of the trust may commence a proceeding for any…
   • § 16421 The remedies of a beneficiary against the trustee are exclusively in equity.
3. ARTICLE 3. Measure of Liability for Breach of Trust §§ 16440–16442 · 3 sections

   • § 16440 (a) If the trustee commits a breach of trust, the trustee is chargeable with any of the following that is appropriate under the circumstances: (1) Any loss or…
   • § 16441 (a) If the trustee is liable for interest pursuant to Section 16440, the trustee is liable for the greater of the following amounts: (1) The amount of interest…
   • § 16442 The provisions in this article for liability of a trustee for breach of trust do not prevent resort to any other remedy available under the statutory or common…
4. ARTICLE 4. Limitations and Exculpation §§ 16460–16465 · 6 sections

   • § 16460 (a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise: (1) If a beneficiary has received an interim or final account in…
   • § 16461 (a) Except as provided in subdivision (b), (c), or (d), the trustee can be relieved of liability for breach of trust by provisions in the trust instrument. (b)…
   • § 16462 (a) Notwithstanding Section 16461, a trustee of a revocable trust is not liable to a beneficiary for any act performed or omitted pursuant to written…
   • § 16463 (a) Except as provided in subdivisions (b) and (c), a beneficiary may not hold the trustee liable for an act or omission of the trustee as a breach of trust if…
   • § 16464 (a) Except as provided in subdivision (b), a beneficiary may be precluded from holding the trustee liable for a breach of trust by the beneficiary’s release or…
   • § 16465 (a) Except as provided in subdivision (b), if the trustee, in breach of trust, enters into a transaction that the beneficiary may at his or her option reject…