Probate Code section 16402

(a)

Except as provided in subdivision (b), a trustee is not liable to the beneficiary for a breach of trust committed by a cotrustee.

(b)

A trustee is liable to the beneficiary for a breach committed by a cotrustee under any of the following circumstances:

(1)

Where the trustee participates in a breach of trust committed by the cotrustee.

(2)

Where the trustee improperly delegates the administration of the trust to the cotrustee.

(3)

Where the trustee approves, knowingly acquiesces in, or conceals a breach of trust committed by the cotrustee.

(4)

Where the trustee negligently enables the cotrustee to commit a breach of trust.

(5)

Where the trustee neglects to take reasonable steps to compel the cotrustee to redress a breach of trust in a case where the trustee knows or has information from which the trustee reasonably should have known of the breach.

(c)

The liability of a trustee for acts or omissions of a cotrustee that occurred before July 1, 1987, is governed by prior law and not by this section.

Source: Section 16402, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=16402.­ (updated Jan. 1, 1990; accessed Oct. 20, 2025).

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Verified:
Oct. 20, 2025

§ 16402's source at ca​.gov