Can a beneficiary who contests the trustee's account for attorney fees and costs?

Section 17211, subdivision (b)⁵ authorizes the award of attorney fees and costs to a beneficiary who contests the trustee's account if the trustee's opposition to the contest was "without reasonable cause and in bad faith." (Italics added.) We analyzed section 17211, subdivision (b) in Uzyel v. Kadisha (2010) 188 Cal.App.4th 866 (Uzyel). We held that "reasonable cause" is ordinarily "synonymous with 'probable cause' as used in the malicious prosecution context," although unlike malicious prosecution, reasonable cause under section 17211, subdivision (b) is analyzed with reference to the defense, rather than the prosecution of a proceeding. (Uzyel, supra, at pp. 926-927.)

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