California Probate Code

§ 16461

PROB § 16461 Effective Jan 1, 2005Div. 9 · Part 4 · Ch. 4 · Art. 4

Statute text

(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)A provision in the trust instrument is not effective to relieve the trustee of liability (1) for breach of trust committed intentionally, with gross negligence, in bad faith, or with reckless indifference to the interest of the beneficiary, or (2) for any profit that the trustee derives from a breach of trust.

(c)Subject to subdivision (b), a provision in a trust instrument that releases the trustee from liability if a beneficiary fails to object to an item in an interim or final account or other written report within a specified time period is effective only if all of the following conditions are met:

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Legislative history

Amended by Stats. 2004, Ch. 538, Sec. 1. Effective January 1, 2005.