{"data":{"id":"us-ca/prob-16402","jurisdiction":"us-ca","citation":"PROB § 16402","heading":"","body":"(a) Except as provided in subdivision (b), a trustee is not liable to the beneficiary for a breach of trust committed by a cotrustee.\n(b) A trustee is liable to the beneficiary for a breach committed by a cotrustee under any of the following circumstances:\n(1) Where the trustee participates in a breach of trust committed by the cotrustee.\n(2) Where the trustee improperly delegates the administration of the trust to the cotrustee.\n(3) Where the trustee approves, knowingly acquiesces in, or conceals a breach of trust committed by the cotrustee.\n(4) Where the trustee negligently enables the cotrustee to commit a breach of trust.\n(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.\n(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.","path":["Probate Code - PROB","DIVISION 9. TRUST LAW [15000. - 19530.]","PART 4. TRUST ADMINISTRATION [16000. - 16632.]","CHAPTER 4. Liability of Trustees to Beneficiaries [16400. - 16465.]","ARTICLE 1. Liability for Breach of Trust [16400. - 16403.]"],"source_url":"https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip","current_through":"2026-09-13","vintage":"","retrieved_at":"2026-09-14T05:56:33Z","sha256":"b60ea0a67c9730d8fd528f90221e6dbafb56461e7ba32f90b473a3aabb128a7e","source_id":"us-ca","stale":false,"prev":"us-ca/prob-16401","next":"us-ca/prob-16403"},"notice":"GroundRules: Original legal text. Not legal advice."}