Section 16401 Of Article 1. Liability For Breach Of Trust From California Probate Code >> Division 9. >> Part 4. >> Chapter 4. >> Article 1.
16401
. (a) Except as provided in subdivision (b), the trustee is
not liable to the beneficiary for the acts or omissions of an agent.
(b) Under any of the circumstances described in this subdivision,
the trustee is liable to the beneficiary for an act or omission of an
agent employed by the trustee in the administration of the trust
that would be a breach of the trust if committed by the trustee:
(1) Where the trustee directs the act of the agent.
(2) Where the trustee delegates to the agent the authority to
perform an act that the trustee is under a duty not to delegate.
(3) Where the trustee does not use reasonable prudence in the
selection of the agent or the retention of the agent selected by the
trustee.
(4) Where the trustee does not periodically review the agent's
overall performance and compliance with the terms of the delegation.
(5) Where the trustee conceals the act of the agent.
(6) Where the trustee neglects to take reasonable steps to compel
the agent to redress the wrong in a case where the trustee knows of
the agent's acts or omissions.
(c) The liability of a trustee for acts or omissions of agents
that occurred before July 1, 1987, is governed by prior law and not
by this section.