Probate Code section 16618

(a)

(1)Unless the terms of a trust provide otherwise, a trustee does not have a duty to do either of the following:

(A)

Monitor a trust director.

(B)

Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the trust director.

(2)

By taking an action described in paragraph (1), a trustee does not assume the duty excluded by paragraph (1).

(b)

(1)Unless the terms of a trust provide otherwise, a trust director does not have a duty to do either of the following:

(A)

Monitor a trustee or another trust director.

(B)

Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the trust director might have acted differently than a trustee or another trust director.

(2)

By taking an action described in paragraph (1), a trust director does not assume the duty excluded by paragraph (1).

Source: Section 16618, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=16618.­ (accessed May 4, 2025).

Last Updated

Apr. 24, 2025

§ 16618’s source at ca​.gov