Enacted by Stats. 1990, Ch. 79.
The trustee has a duty to keep the beneficiaries of the trust reasonably informed of the trust and its administration.
California Probate Code — §§ 16060-16069
Enacted by Stats. 1990, Ch. 79.
The trustee has a duty to keep the beneficiaries of the trust reasonably informed of the trust and its administration.
Amended by Stats. 2000, Ch. 34, Sec. 2. Effective January 1, 2001.
As used in this article, “terms of the trust” means the written trust instrument of an irrevocable trust or those provisions of a written trust instrument in effect at the settlor’s death that describe or affect that portion of a trust that has become irrevocable at the death of the settlor. In addition, “terms of the trust” includes, but is not limited to, signatures, amendments, disclaimers, and any directions or instructions to the trustee that affect the disposition of the trust. “Terms of the trust” does not include documents which were intended to affect disposition only while the trust was revocable. If a trust has been completely restated, “terms of the trust” does not include trust instruments or amendments which are superseded by the last restatement before the settlor’s death, but it does include amendments executed after the restatement. “Terms of the trust” also includes any document irrevocably exercising a power of appointment over the trust or over any portion of the trust which has become irrevocable.
Added by Stats. 2010, Ch. 621, Sec. 2. (SB 202) Effective January 1, 2011.
On the request of a beneficiary, the trustee shall provide the terms of the trust to the beneficiary unless the trustee is not required to provide the terms of the trust to the beneficiary in accordance with Section 16069.
Amended by Stats. 2010, Ch. 621, Sec. 3. (SB 202) Effective January 1, 2011.
Except as provided in Section 16069, on reasonable request by a beneficiary, the trustee shall report to the beneficiary by providing requested information to the beneficiary relating to the administration of the trust relevant to the beneficiary’s interest.
Amended by Stats. 2010, Ch. 621, Sec. 4. (SB 202) Effective January 1, 2011.
settlor because of a contingency related to the death of one or more of the settlors of the trust.
change of trustee of an irrevocable trust.
Amended by Stats. 2017, Ch. 319, Sec. 87. (AB 976) Effective January 1, 2018.
settlor is effective or lapses upon death of the settlor with respect to an inter vivos trust which was, or was purported to be, irrevocable upon its creation. This paragraph shall not apply to a charitable remainder trust. For purposes of this paragraph, “charitable remainder trust” means a charitable remainder annuity trust or charitable remainder unitrust as defined in Section 664(d) of the Internal Revenue Code.
beneficiary of the irrevocable trust or irrevocable portion of the trust, subject to the limitations of Section 15804.
the heirs of a deceased settlor in the absence of a final judicial determination of heirship known to the trustee.
if that person was not known to the trustee on the occurrence of the event requiring service of the notification. If there is a vacancy in the office of the trustee on the date of the occurrence of the event requiring service of the notification by trustee, or if that event causes a vacancy, then the 60-day period for service of the notification by trustee commences on the date the new trustee commences to serve as trustee.
contingency related to the death of one or more of the settlors of the trust, the notification by the trustee shall also include a warning, set out in a separate paragraph in not less than 10-point boldface type, or a reasonable equivalent thereof, that states as follows:
“You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is delivered to you during that 120-day period, whichever is later.”
trustee in the form required by this section on any person in addition to those on whom the notification by trustee is required to be served. A trustee is not liable to any person for serving or for not serving the notice on any person in addition to those on whom the notice is required to be served. A trustee is not required to serve a notification by trustee if the event that otherwise requires service of the notification by trustee occurs before January 1, 1998.
Amended by Stats. 2022, Ch. 30, Sec. 1. (AB 1745) Effective January 1, 2023.
A person upon whom the notification by the trustee is served pursuant to paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on the person within or after the time period set forth in subdivision (f) of Section 16061.7,
shall not
bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon the person, or 60 days from the date on which a copy of the terms of the trust is delivered pursuant to Section 1215 to the person during that 120-day period, whichever is later.
Amended by Stats. 2017, Ch. 319, Sec. 89. (AB 976) Effective January 1, 2018.
subdivision, “reasonably diligent effort” means that the trustee has delivered notice pursuant to Section 1215 to the heir at the heir’s last address actually known to the trustee.
Amended by Stats. 2016, Ch. 86, Sec. 250. (SB 1171) Effective January 1, 2017.
with Section 17350) of Chapter 4 of Part 5, the duty to account provided by subdivision (a) applies to the trustee.
disqualified person as defined in former Section 21350.5 (as repealed by Chapter 620 of the Statutes of 2010).
Repealed and added by Stats. 1997, Ch. 724, Sec. 26. Effective January 1, 1998.
Amended by Stats. 2010, Ch. 621, Sec. 7. (SB 202) Effective January 1, 2011.
The trustee is not required to account to a beneficiary as described in subdivision (a) of Section 16062, in any of the following circumstances:
at any time as to accounts for transactions occurring after the date of the written withdrawal. Regardless of a waiver of accounting by a beneficiary, upon a showing that is reasonably likely that a material breach of the trust has occurred, the court may compel the trustee to account.
Added by Stats. 2010, Ch. 621, Sec. 8. (SB 202) Effective January 1, 2011.
Any waiver by a settlor of the obligation of the trustee of either of the following is against public policy and shall be void:
Amended by Stats. 2021, Ch. 749, Sec. 2. (AB 1079) Effective January 1, 2022.