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Cal. Prob. Code § 16440

Measure of Liability for Breach of Trust

Known as the Trust Law

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

Applied in 6 court decisions — leading case Casa Orlando Apartments, Ltd. v. Federal National Mortgage Ass'n (2010)

Most recently applied in Scott v. McDonald (August 2018)

Enacted by Stats. 1990, Ch. 79.

How often courts cite this section

199720002010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) If the trustee commits a breach of trust, the trustee is chargeable with any of the following that is appropriate under the circumstances:

(1) Any loss or depreciation in value of the trust estate resulting from the breach of trust, with interest.

(2) Any profit made by the trustee through the breach of trust, with interest.

(3) Any profit that would have accrued to the trust estate if the loss of profit is the result of the breach of trust.

(b) If the trustee has acted reasonably and in good faith under the circumstances as known to the trustee, the court, in its discretion, may excuse the trustee in whole or in part from liability under subdivision (a) if it would be equitable to do so.

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