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Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 14. TRUSTEE LIABILITY

53-12-305. Liability of cotrustee.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A trustee shall be liable to the beneficiary for a breach committed by a cotrustee if such trustee:#

    1. (1)

      Participates in a breach of trust committed by the cotrustee;#

    2. (2)

      Improperly delegates the administration of the trust to the cotrustee;#

    3. (3)

      Approves, knowingly acquiesces in, or conceals a breach of trust committed by the cotrustee;#

    4. (4)

      Negligently enables the cotrustee to commit a breach of trust; or#

    5. (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. (b)

    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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

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

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t52-t53-(v40)-2021-pdf.pdf, Volume V40, 2021 edition, pages 917 to 918; merge action: carried; file SHA-256 062775612dfc.