Statute · California Probate Code

Cal. Prob. Code § 16441 — Measure of Liability for Breach of Trust

Cal. Prob. Code § 16441

Type
Statute
Source
California Probate Code
Jurisdiction
California
Date
1999-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) If the trustee is liable for interest pursuant to Section 16440, the trustee is liable for the greater of the following amounts:

Citator

Cal. Prob. Code § 16441 — Measure of Liability for Breach of Trust is in force in the current edition of the Code, and nothing recorded condemns it.

(a) If the trustee is liable for interest pursuant to Section 16440, the trustee is liable for the greater of the following amounts:

(1) The amount of interest that accrues at the legal rate on judgments in effect during the period when the interest accrued.

(2) The amount of interest actually received.

(b) If the trustee has acted reasonably and in good faith under the circumstances as known to the trustee, the court, in its discretion, may excuse the trustee in whole or in part from liability under subdivision (a) if it would be equitable to do so.