Wyoming Statutes

Wyo. Stat. § 4-10-1009 (2026)

Beneficiary's consent, release or ratification.

✓ current as of May 2026

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

          (i) The consent, release or ratification of the
beneficiary was induced by improper conduct of the fiduciary; or

          (ii) 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 2 cases (1 in the last 5 years), 2009–2023 · leading case: Mendoza v. Gonzales, 2009 WY 50 (Wyo. 2009).

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Mendoza v. Gonzales, 2009 WY 50 (Wyo. 2009). · cites it 6× “Wyo. Stat. Ann. § 4-10-1009 (LexisNexis 2007) provides: (a) A fiduciary is not liable to a beneficiary for breach of trust if the beneficiary consented in writing to the conduct constituting the breach, released the fiduciary from liability for the breach or ratified the…”

In the Matter of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992, as Amended & Restated: Janel K. Kinniburgh, Beneficiary & Successor Tr. of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992 v. Jacque Moncur & Rosemary Steele, Successor Co-Trs. of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992, 2023 WY 56 (Wyo. 2023). “When discussing waiver in other contexts, we have recognized: A waiver occurs when there is an intentional relinquishment of a known right manifested in an unequivocal manner.”

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