TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 12. (Revised Trust Code of 2010) Trusts, 53-12-1 through 53-12-506.

ARTICLE 14 TRUSTEE LIABILITY

53-12-305. Liability of cotrustee.

1. A trustee shall be liable to the beneficiary for a breach committed by a cotrustee if such trustee:
   1. Participates in a breach of trust committed by the cotrustee;
   2. Improperly delegates the administration of the trust to the cotrustee;
   3. Approves, knowingly acquiesces in, or conceals a breach of trust committed by the cotrustee;
   4. Negligently enables the cotrustee to commit a breach of trust; or
   5. Neglects to take reasonable steps to compel the cotrustee to redress a breach of trust in a case where such trustee knows or reasonably should have known of the breach of trust.
2. If two or more cotrustees are jointly liable to the beneficiary, each cotrustee shall be entitled to contribution from the other, as determined by the degree of each cotrustee's fault.

(Code 1981, §53-12-305, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)