Code of Alabama
Ala. Code § 19-3B-709 (2026)
Reimbursement of Expenses.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate for:
(1) expenses that were properly incurred in the administration of the trust, including the defense or prosecution of any action, whether successful or not, unless the trustee is determined to have willfully or wantonly committed a material breach of the trust; and
(2) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.
(b) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
(Act 2006-216, p. 314, §1.)
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 2012–2025 · leading case: Ladd v. Stockham, 209 So. 3d 457 (Ala. 2016).
Ladd v. Stockham, 209 So. 3d 457 (Ala. 2016). “The trial court found in favor of the trustee, and the trustee requested reimbursement of attorney fees and costs under § 19-3B-709 and Rule 54(d), respectively.”
Regions Bank v. Lowrey, 154 So. 3d 101 (Ala. 2014). “Reimbursement for expenses, including attorney fees, incurred by a trustee in defending an action is allowed pursuant to § 19-3B-709, Ala. Code 1975, [2] provided that the trustee *105 has not committed a material breach of the trust.”
Regions Bank v. Lowrey, 101 So. 3d 210 (Ala. 2012). “Reimbursement for expenses, including attorney fees, incurred by a trustee in defending an action is allowed pursuant to § 19-3B-709, Ala.Code.1975, provided that the trustee has not committed a material breach of the trust.”
Rudd v. Branch Banking & Trust Co. (N.D. Ala. 2024). “Code § 19-3-6 (not under § 19-3B-709, as Kate and Tiffany assert) because the bulk of the fees was for services rendered to defend the trustees against claims of wrongdoing and not in connection with administration of the trust.”
Rudd v. Branch Banking & Trust Co. (N.D. Ala. 2019). “The court agreed to do so and ultimately held that Wells Fargo could recover fees and expenses from the trust property under § 19-3B-709. (Doc. 90 at 56-85). As such, the court ordered Wells Fargo to file an application and evidence itemizing, documenting, or otherwise…”
Joy Goodwin Adams v. Tiffany Rudd Atkinson, Katherine M. Rudd, Goodwin Capital Partners, Ltd., & KATISAM, INC. (Appeal from Jefferson Circuit Court: CV-23-904346). (Ala. 2025). “" Rather, they argued, it means that they would not hold Joy responsible if (1) a corporate trustee successfully defended itself in a suit initiated by Tiffany and Kate and (2) later exercised its statutory right to reimbursement of attorneys' fees out of the trust property…”
— Ala. Code § 19-3B-709(a) — 2 cases
Ladd v. Stockham, 209 So. 3d 457 (Ala. 2016). “The trial court found in favor of the trustee, and the trustee requested reimbursement of attorney fees and costs under § 19-3B-709 and Rule 54(d), respectively.”
Regions Bank v. Lowrey, 154 So. 3d 101 (Ala. 2014). “Reimbursement for expenses, including attorney fees, incurred by a trustee in defending an action is allowed pursuant to § 19-3B-709, Ala. Code 1975, [2] provided that the trustee *105 has not committed a material breach of the trust.”
— Ala. Code § 19-3B-709(a)(1) — 2 cases
Ladd v. Stockham, 209 So. 3d 457 (Ala. 2016). “The trial court found in favor of the trustee, and the trustee requested reimbursement of attorney fees and costs under § 19-3B-709 and Rule 54(d), respectively.”
Rudd v. Branch Banking & Trust Co. (N.D. Ala. 2024). “Code § 19-3-6 (not under § 19-3B-709, as Kate and Tiffany assert) because the bulk of the fees was for services rendered to defend the trustees against claims of wrongdoing and not in connection with administration of the trust.”
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