Liability of Cotrustee

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Trusts
  5. Trustee Liability
  6. Liability of Cotrustee

Checkout our iOS App for a better way to browser and research.

  1. A trustee shall be liable to the beneficiary for a breach committed by a cotrustee if such trustee:
    1. Participates in a breach of trust committed by the cotrustee;
    2. Improperly delegates the administration of the trust to the cotrustee;
    3. Approves, knowingly acquiesces in, or conceals a breach of trust committed by the cotrustee;
    4. Negligently enables the cotrustee to commit a breach of trust; or
    5. Neglects to take reasonable steps to compel the cotrustee to redress a breach of trust in a case where such trustee knows or reasonably should have known of the breach of trust.
  2. If two or more cotrustees are jointly liable to the beneficiary, each cotrustee shall be entitled to contribution from the other, as determined by the degree of each cotrustee's fault.

(Code 1981, §53-12-305, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)


Download our app to see the most-to-date content.