1. A beneficiary shall not hold a trustee liable for a breach of trust if the beneficiary does any of the following:
a. Consents to the conduct constituting the breach.
b. Releases the trustee from liability for the breach.
c. Affirms the transaction constituting the breach.
2. A beneficiary may hold a trustee liable for breach of trust despite a consent, release, or\n\nTue Dec 09 21:58:51 2025 Iowa Code 2026, Chapter 633A (54, 0) 39 IOWA TRUST CODE, §633A.4602\n\naffirmance by the beneficiary if, at the time of the consent, release, or affirmance, all of the following applied:
a. The beneficiary did not know of the beneficiary’s rights.
b. The beneficiary did not know the material facts known to the trustee or which the trustee should have known.
c. The trustee did not reasonably believe that the beneficiary knew the beneficiary’s rights and that the beneficiary knew material facts known to the trustee or which the trustee should have known.
3. A beneficiary may hold a trustee liable for breach of a trust despite a consent, release, or affirmance by the beneficiary if the consent, release, or affirmance was induced by improper conduct of the trustee. 99 Acts, ch 125, §78, 109 C2001, §633.4506 2002 Acts, ch 1107, §17, 18; 2003 Acts, ch 95, §17; 2005 Acts, ch 38, §54 CS2005, §633A.4506 Referred to in §633A.4202 \n
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2011–2024 · leading case:
In re Thompson Trust, 801 N.W.2d 23 (Iowa Ct. App. 2011).
In re Thompson Trust, 801 N.W.2d 23 (Iowa Ct. App. 2011).
· cites it 4× “See Iowa Code § 633A.4506; Fields, 508 N.W.2d at 731 .”
In re the Marriage of Matherly (Iowa Ct. App. 2019).
· cites it 16× “Further, she challenges the dismissal of the trust claim, claiming the suit was not barred by section 633A.4506 because she did not consent to or affirm Carl’s actions relating to the Maribel Trust as she had no 1 The only trust document that identified Steven as trustee was…”
In the Matter of the Trust of Duane M. Pagel (Iowa Ct. App. 2024).
· cites it 2× “The beneficiary consented to or affirmed the transaction or released the trustee from liability as provided in section 633A.4506. 10 c. The transaction is approved by the court after notice to interested persons.”
— Iowa Code § 633A.4506(1) — 1 case
In re the Marriage of Matherly (Iowa Ct. App. 2019).
“Further, she challenges the dismissal of the trust claim, claiming the suit was not barred by section 633A.4506 because she did not consent to or affirm Carl’s actions relating to the Maribel Trust as she had no 1 The only trust document that identified Steven as trustee was…”
— Iowa Code § 633A.4506(1)(a) — 2 cases
In re the Marriage of Matherly (Iowa Ct. App. 2019).
“Further, she challenges the dismissal of the trust claim, claiming the suit was not barred by section 633A.4506 because she did not consent to or affirm Carl’s actions relating to the Maribel Trust as she had no 1 The only trust document that identified Steven as trustee was…”
— Iowa Code § 633A.4506(2) — 1 case
In re the Marriage of Matherly (Iowa Ct. App. 2019).
“Further, she challenges the dismissal of the trust claim, claiming the suit was not barred by section 633A.4506 because she did not consent to or affirm Carl’s actions relating to the Maribel Trust as she had no 1 The only trust document that identified Steven as trustee was…”
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