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Earlier editions: 2020-112018-112026-09

DIVISION 9. TRUST LAW 15000-19530›PART 4. TRUST ADMINISTRATION 16000-16632›CHAPTER 4. Liability of Trustees to Beneficiaries 16400-16465›ARTICLE 3. Measure of Liability for Breach of Trust 16440-16442

§ 16441

California Probate Code · 2026-10 edition · updated 2026-10-04 · California

(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.

(Amended by Stats. 1998, Ch. 77, Sec. 5. Effective January 1, 1999.)

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