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Cal. Prob. Code § 16441

Measure of Liability for Breach of Trust

Known as the Trust Law

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

Applied in 1 court decision — leading case 62 Cal. App. 4th 981 - Washington International Insurance v. Superior Court (1998)

Most recently applied in 62 Cal. App. 4th 981 - Washington International Insurance v. Superior Court (March 1998)

Amended by Stats. 1998, Ch. 77, Sec. 5

(a) If the trustee is liable for interest pursuant to Section 16440, the trustee is liable for the greater of the following amounts:

(1) The amount of interest that accrues at the legal rate on judgments in effect during the period when the interest accrued.

(2) The amount of interest actually received.

(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.