Nebraska Revised Statutes

Neb. Rev. Stat. § 30-3898 (2026)

(UTC 1009) Beneficiary's consent, release, or ratification

✓ current as of July 2026

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(UTC 1009) A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:

(1) the consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or

(2) 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.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2005–2024 · leading case: In Re Trust Created by Inman, 693 N.W.2d 514 (Neb. 2005).

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In Re Trust Created by Inman, 693 N.W.2d 514 (Neb. 2005). · cites it 2× “affected by the transaction unless: (1) the transaction was authorized by the terms of the trust; (2) the transaction was approved by the court; (3) the beneficiary did not commence a judicial proceeding within the time allowed by section 30-3894; *382 (4) the beneficiary…”

Sherman v. Sherman, 751 N.W.2d 168 (Neb. Ct. App. 2008). · cites it 2× “iciary affected by the transaction unless: (1) the transaction was authorized by the terms of the trust; (2) the transaction was approved by the court; (3) the beneficiary did not commence a judicial proceeding within the time allowed by section 30-3894; (4) the beneficiary…”

Misle v. Shrier (Neb. Ct. App. 2024). · cites it 3× “Further, Neb. Rev. Stat. § 30-3898 (Reissue 2016) provides: A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction…”

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