California Probate Code

§ 16465

PROB § 16465Div. 9 · Part 4 · Ch. 4 · Art. 4

Statute text

(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 or affirm, and the beneficiary affirms the transaction, the beneficiary shall not thereafter reject it and hold the trustee liable for any loss occurring after the trustee entered into the transaction.

(b)The affirmance of a transaction by the beneficiary does not preclude the beneficiary from holding a trustee liable for a breach of trust if, at the time of the affirmance, any of the following circumstances existed:

(1)The beneficiary was under an incapacity.

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Legislative history

Enacted by Stats. 1990, Ch. 79.