Pennsylvania Consolidated Statutes (Last Updated: January 27, 2015) |
Title20 DECEDENTS, ESTATES AND FIDUCIARIES |
CHAPTER77. TRUSTS |
SUBCHAPTERI. LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES |
§7782. Damages for breach of trust - UTC 1002.
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(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.