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:
(a)To the extent the trust instrument waives the account, except that no waiver described in subdivision (e) of Section 16062 shall be valid or enforceable. Regardless of a waiver of accounting in the trust instrument, upon a showing that it is reasonably likely that a material breach of the trust has occurred, the court may compel the trustee to account.
(b)As to a beneficiary who has waived in writing the right to an account. A waiver of rights under this subdivision may be withdrawn in writing
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.
(c)In any of the circumstances set forth in Section 16069.
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