(a)Except as provided in subdivision (b), a successor trustee is not liable to the beneficiary for a breach of trust committed by a predecessor trustee.
(b)A successor trustee is liable to the beneficiary for breach of trust involving acts or omissions of a predecessor trustee in any of the following circumstances:
(1)Where the successor trustee knows or has information from which the successor trustee reasonably should have known of a situation constituting a breach of trust committed by the predecessor trustee and the successor trustee improperly permits it to continue.
(2)Where the successor trustee neglects to take reasonable steps to compel the predecessor trustee to deliver the trust property to the successor trustee.
(3)Where the successor trustee neglects to take reasonable steps to redress a breach of trust committed by the predecessor trustee in a case where the successor trustee knows or has information from which the successor trustee reasonably should have known of the predecessor trustee’s breach.
(c)The liability of a trustee for acts or omissions of a predecessor trustee that occurred before July 1, 1987, is governed by prior law and not by this section.
Notes of Decisions
Sonntag v. DeMartini, No. A160247 (Cal. Ct. App. Dec. 16, 2021).
“” “A Successor Trustee shall not be personally liable under Probate Code section 16403(b) for any act or omission of any predecessor Trustee, except for instances that constitute willful misconduct or gross negligence on the part of the successor Trustee.”
Field v. USA, No. 2:15-cv-00241 (E.D. Cal. Dec. 20, 2019).
“) Specifically, Defendants argue that Plaintiff could be liable 7 for breach of fiduciary duties under California Probate Code §§ 16403(b) (“§ 16403(b)”) and 8 16420(a) (“§ 16420(a)”).”
Cal. Probate Code § 16403(b): 2 cases
Sonntag v. DeMartini, No. A160247 (Cal. Ct. App. Dec. 16, 2021).
“” “A Successor Trustee shall not be personally liable under Probate Code section 16403(b) for any act or omission of any predecessor Trustee, except for instances that constitute willful misconduct or gross negligence on the part of the successor Trustee.”
Field v. USA, No. 2:15-cv-00241 (E.D. Cal. Dec. 20, 2019).
“) Specifically, Defendants argue that Plaintiff could be liable 7 for breach of fiduciary duties under California Probate Code §§ 16403(b) (“§ 16403(b)”) and 8 16420(a) (“§ 16420(a)”).”
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