§ 16441. — 16441. (Amended by Stats. 1998, Ch. 77, Sec. 5.)

California § 16441.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 9.: DIVISION 9. TRUST LAW
• Part 4.: PART 4. TRUST ADMINISTRATION
• Ch. 4.: CHAPTER 4. Liability of Trustees to Beneficiaries
• Art. 3.: ARTICLE 3. Measure of Liability for Breach of Trust

Text

(a)
If the trustee is liable for interest pursuant to Section 16440, the trustee is liable for the greater of the following amounts:
(1)
The amount of interest that accrues at the legal rate on judgments in effect during the period when the interest accrued.
(2)
The amount of interest actually received.
(b)
If the trustee has acted reasonably and in good faith under the circumstances as known to the trustee, the court, in its discretion, may excuse the trustee in whole or in part from liability under subdivision (a) if it would be equitable to do so.

Legislative History

Amended by Stats. 1998, Ch. 77, Sec. 5. Effective January 1, 1999.