P.R. Laws tit. 32, § 3353o

2019-02-20 00:00:00+00
§ 3353o. Reimbursement and repayment between cotrustees

If two trustees are liable to the beneficiary due to breach of trust, a trustee is entitled to a proportional contribution from the other trustee unless:

(a) One trustee was substantially more at fault than the other, in which case the former shall not be entitled to contribution from the other trustee;

(b) one trustee received personal benefit from the breach of trust, in which case such trustee shall reimburse the other trustee to the extent of the benefit received.

If a trustee committed the breach of trust in bad faith, such trustee shall not be entitled to a proportional contribution or reimbursement from cotrustees.

A trustee who acts in bad faith shall not be entitled to a contribution or reimbursement.

History —Aug. 31, 2012, No. 219, § 49.