§7782. Damages for breach of trust - UTC 1002.  


Latest version.
  • (a) Liability for breach of trust.--A trustee who commits a breach of trust is liable to the beneficiaries affected.

    (b) Contribution.--

    (1) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees.

    (2) A trustee is not entitled to contribution if the trustee:

    (i) was substantially more at fault than another trustee; or

    (ii) committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries.

    (3) A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.