Public-domain · open source
OpenJurist

Wyo. Stat. Ann. § 4-10-1009

Beneficiary's consent, release or ratification

Applied in 1 court decision — leading case In the Matter of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992, as Amended and Restated: Janel K. Kinniburgh, Beneficiary and Successor Trustee of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992 v. Jacque Moncur and Rosemary Steele, Successor Co-Trustees of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992 (2023)

Most recently applied in In the Matter of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992, as Amended and Restated: Janel K. Kinniburgh, Beneficiary and Successor Trustee of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992 v. Jacque Moncur and Rosemary Steele, Successor Co-Trustees of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992 (June 2023)

(a) A fiduciary is not liable to a beneficiary for breach of trust if the beneficiary consented in writing to the conduct constituting the breach, released the fiduciary from liability for the breach or ratified the transaction constituting the breach, unless:

(i) The consent, release or ratification of the beneficiary was induced by improper conduct of the fiduciary; or (ii) At the time of the consent, release or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.

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