California, United States of America
The following excerpt is from Halligan v. Hillbrand, A138328 (Cal. App. 2014):
The probate code sections addressing a trustee's duties include the duty to administer the trust according to the terms of the trust instrument ( 16000); the duty of loyalty ( 16002); the duty to deal impartially with the beneficiaries ( 16003); the duty to avoid conflicts of interest ( 16004); and the duty to report information and account to beneficiaries ( 16060). "A violation by the trustee of any duty that the trustee owes the beneficiary is a breach of trust." ( 16400.) "If a trustee commits a breach of trust or threatens to commit a breach of trust," a beneficiary may commence a proceeding for various purposes including "[t]o compel the trustee to perform the trustee's duties;" "[t]o enjoin the trustee from committing a breach of trust;" "[t]o compel the trustee to redress a breach of trust by payment of money or otherwise;" "to set aside acts of the trustee;" "to impose an equitable lien or a constructive trust on trust property;" or "any other appropriate remedy provided by statute or the common law." ( 16420, subd. (a)(1), (2), (3), (6), (8), (b).) Section 16460 provides, in pertinent part: "(a) Unless a claim is previously barred by adjudication, consent, limitation or otherwise: (1) . . . (2) . . . [I]f a beneficiary does not receive any written account or report, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within three years after the beneficiary discovered, or reasonably should have discovered, the subject of the claim." Section 16460's limitations period, codifying a discovery rule, was added, in part, as a rejection of the contrary conclusion reached in Di Grazia v. Anderlini (1994) 22 Cal.App.4th 1337, in which the court there held that the limitations period on actions by a
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