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Cal. Prob. Code § 16004.5

Trustee’s Duties in General

Known as the Trust Law

The act spans §§ 15000–19403 (351 sections).

Applied in 2 court decisions — leading case 196 Cal. App. 4th 505 - Bellows v. Bellows (2011)

Most recently applied in 231 Cal. App. 4th 885 - California Valley Miwok Tribe v. California Gambling Control Commission (November 2014)

Added by Stats. 2003, Ch. 585, Sec. 1

(a) A trustee may not require a beneficiary to relieve the trustee of liability as a condition for making a distribution or payment to, or for the benefit of, the beneficiary, if the distribution or payment is required by the trust instrument.

(b) This section may not be construed as affecting the trustee’s right to:

(1) Maintain a reserve for reasonably anticipated expenses, including, but not limited to, taxes, debts, trustee and accounting fees, and costs and expenses of administration.

(2) Seek a voluntary release or discharge of a trustee’s liability from the beneficiary.

(3) Require indemnification against a claim by a person or entity, other than a beneficiary referred to in subdivision (a), which may reasonably arise as a result of the distribution.

(4) Withhold any portion of an otherwise required distribution that is reasonably in dispute.

(5) Seek court or beneficiary approval of an accounting of trust activities.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.