California Probate Code

§ 16463

PROB § 16463Div. 9 · Part 4 · Ch. 4 · Art. 4

Statute text

(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 the beneficiary consented to the act or omission before or at the time of the act or omission.

(b)The consent of the beneficiary does not preclude the beneficiary from holding the trustee liable for a breach of trust in any of the following circumstances:

(1)Where the beneficiary was under an incapacity at the time of the consent or of the act or omission.

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Legislative history

Enacted by Stats. 1990, Ch. 79.