Current through the 2023 Legislative Session.
Section 16402 - Liability for breach of trust committed by cotrustee(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 to the beneficiary for a breach committed by a cotrustee under any of the following circumstances: (1) Where the trustee participates in a breach of trust committed by the cotrustee.(2) Where the trustee improperly delegates the administration of the trust to the cotrustee.(3) Where the trustee approves, knowingly acquiesces in, or conceals a breach of trust committed by the cotrustee.(4) Where the trustee negligently enables the cotrustee to commit a breach of trust.(5) Where the trustee neglects to take reasonable steps to compel the cotrustee to redress a breach of trust in a case where the trustee knows or has information from which the trustee reasonably should have known of the breach.(c) The liability of a trustee for acts or omissions of a cotrustee that occurred before July 1, 1987, is governed by prior law and not by this section.Enacted by Stats. 1990, Ch. 79.