Section § 16060

Explanation

The person in charge of managing a trust, called the trustee, must keep the people who benefit from the trust up-to-date and informed about the trust and how it’s being managed.

The trustee has a duty to keep the beneficiaries of the trust reasonably informed of the trust and its administration.

Section § 16060.5

Explanation

This law defines what the 'terms of the trust' include for an irrevocable trust. It refers to the written trust document and any provisions effective when the trust can no longer be altered because the person who created it has passed away. This includes signatures, changes, disclaimers, and instructions to the trustee that impact how the trust is handled. It does not cover documents meant to influence the trust while it was still changeable. If the trust document has been fully updated, only the latest version and any further amendments count as terms. It also covers documents that exercise a power of appointment over the irrevocable parts of the trust.

As used in this article, “terms of the trust” means the written trust instrument of an irrevocable trust or those provisions of a written trust instrument in effect at the settlor’s death that describe or affect that portion of a trust that has become irrevocable at the death of the settlor. In addition, “terms of the trust” includes, but is not limited to, signatures, amendments, disclaimers, and any directions or instructions to the trustee that affect the disposition of the trust. “Terms of the trust” does not include documents which were intended to affect disposition only while the trust was revocable. If a trust has been completely restated, “terms of the trust” does not include trust instruments or amendments which are superseded by the last restatement before the settlor’s death, but it does include amendments executed after the restatement. “Terms of the trust” also includes any document irrevocably exercising a power of appointment over the trust or over any portion of the trust which has become irrevocable.

Section § 16060.7

Explanation

If you are a beneficiary of a trust and you ask the trustee for the details of the trust, the trustee has to give you that information unless there is a specific rule saying they don't have to according to another part of the law.

On the request of a beneficiary, the trustee shall provide the terms of the trust to the beneficiary unless the trustee is not required to provide the terms of the trust to the beneficiary in accordance with Section 16069.

Section § 16061

Explanation

If you're a beneficiary of a trust, you can ask the trustee to give you information about how the trust is being managed. The trustee must provide this information, as long as it's relevant to your interest in the trust and unless there's an exception in another section, specifically Section 16069.

Except as provided in Section 16069, on reasonable request by a beneficiary, the trustee shall report to the beneficiary by providing requested information to the beneficiary relating to the administration of the trust relevant to the beneficiary’s interest.

Section § 16061.5

Explanation

This law mandates that a trustee must provide a complete copy of the terms of an irrevocable trust, or its irrevocable parts, to specific individuals who request it. These include any beneficiary or an heir of a deceased person who created the trust when the trust becomes irrevocable due to their death. It also requires this copy to be provided when there's a change in trustees for an irrevocable trust. For charitable trusts monitored by the Attorney General, the trust must also be provided upon request under the same conditions. Additionally, in determining who the heirs are, trustees can rely on a court's final decision or make a good faith determination if no such decision exists.

(a)CA Probate Code § 16061.5(a) A trustee shall provide a true and complete copy of the terms of the irrevocable trust, or irrevocable portion of the trust, to each of the following:
(1)CA Probate Code § 16061.5(a)(1) Any beneficiary of the trust who requests it, and to any heir of a deceased settlor who requests it, when a revocable trust or any portion of a revocable trust becomes irrevocable because of the death of one or more of the settlors of the trust, when a power of appointment is effective or lapses upon the death of a settlor under the circumstances described in paragraph (3) of subdivision (a) of Section 16061.7, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust.
(2)CA Probate Code § 16061.5(a)(2) Any beneficiary of the trust who requests it, whenever there is a change of trustee of an irrevocable trust.
(3)CA Probate Code § 16061.5(a)(3) If the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General, if requested, when a revocable trust or any portion of a revocable trust becomes irrevocable because of the death of one or more of the settlors of the trust, when a power of appointment is effective or lapses upon the death of a settlor under the circumstances described in paragraph (3) of subdivision (a) of Section 16061.7, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust, and whenever there is a change of trustee of an irrevocable trust.
(b)CA Probate Code § 16061.5(b) The trustee shall, for purposes of this section, rely upon any final judicial determination of heirship. However, the trustee shall have discretion to make a good faith determination by any reasonable means of the heirs of a deceased settlor in the absence of a final judicial determination of heirship known to the trustee.

Section § 16061.7

Explanation

This law requires trustees to send a notification to certain individuals when specific events occur, such as when a trust becomes irrevocable due to a settlor’s death, there’s a change of trustee, or a power of appointment lapses.

The notification must be sent to beneficiaries, heirs, and in some cases, the Attorney General, within 60 days of the event. This notice must include details about the trust, trustees, and recipients' rights to view the trust terms. Importantly, if a trust becomes irrevocable due to a settlor’s death, the notice must include a warning about the deadline to contest the trust.

Trustees must act in good faith and make reasonable efforts to locate and notify all necessary parties. The section also makes it clear that any waiver of these requirements by a settlor is invalid.

(a)CA Probate Code § 16061.7(a) A trustee shall serve a notification by the trustee as described in this section in the following events:
(1)CA Probate Code § 16061.7(a)(1) When a revocable trust or any portion thereof becomes irrevocable because of the death of one or more of the settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust.
(2)CA Probate Code § 16061.7(a)(2) Whenever there is a change of trustee of an irrevocable trust.
(3)CA Probate Code § 16061.7(a)(3) Whenever a power of appointment retained by a settlor is effective or lapses upon death of the settlor with respect to an inter vivos trust which was, or was purported to be, irrevocable upon its creation. This paragraph shall not apply to a charitable remainder trust. For purposes of this paragraph, “charitable remainder trust” means a charitable remainder annuity trust or charitable remainder unitrust as defined in Section 664(d) of the Internal Revenue Code.
(4)CA Probate Code § 16061.7(a)(4) The duty to serve the notification by the trustee pursuant to this subdivision is the duty of the continuing or successor trustee, and any one cotrustee may serve the notification.
(b)CA Probate Code § 16061.7(b) The notification by the trustee required by subdivision (a) shall be served on each of the following:
(1)CA Probate Code § 16061.7(b)(1) Each beneficiary of the irrevocable trust or irrevocable portion of the trust, subject to the limitations of Section 15804.
(2)CA Probate Code § 16061.7(b)(2) Each heir of the deceased settlor, if the event that requires notification is the death of a settlor or irrevocability within one year of the death of the settlor of the trust by the express terms of the trust because of a contingency related to the death of a settlor.
(3)CA Probate Code § 16061.7(b)(3) If the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General.
(c)CA Probate Code § 16061.7(c) A trustee shall, for purposes of this section, rely upon any final judicial determination of heirship, known to the trustee, but the trustee shall have discretion to make a good faith determination by any reasonable means of the heirs of a deceased settlor in the absence of a final judicial determination of heirship known to the trustee.
(d)CA Probate Code § 16061.7(d) The trustee need not provide a copy of the notification by trustee to any beneficiary or heir (1) known to the trustee but who cannot be located by the trustee after reasonable diligence or (2) unknown to the trustee.
(e)CA Probate Code § 16061.7(e) The notification by trustee shall be served by any of the methods described in Section 1215 to the last known address.
(f)CA Probate Code § 16061.7(f) The notification by trustee shall be served not later than 60 days following the occurrence of the event requiring service of the notification by trustee, or 60 days after the trustee became aware of the existence of a person entitled to receive notification by trustee, if that person was not known to the trustee on the occurrence of the event requiring service of the notification. If there is a vacancy in the office of the trustee on the date of the occurrence of the event requiring service of the notification by trustee, or if that event causes a vacancy, then the 60-day period for service of the notification by trustee commences on the date the new trustee commences to serve as trustee.
(g)CA Probate Code § 16061.7(g) The notification by trustee shall contain the following information:
(1)CA Probate Code § 16061.7(g)(1) The identity of the settlor or settlors of the trust and the date of execution of the trust instrument.
(2)CA Probate Code § 16061.7(g)(2) The name, address, and telephone number of each trustee of the trust.
(3)CA Probate Code § 16061.7(g)(3) The address of the physical location where the principal place of administration of the trust is located, pursuant to Section 17002.
(4)CA Probate Code § 16061.7(g)(4) Any additional information that may be expressly required by the terms of the trust instrument.
(5)CA Probate Code § 16061.7(g)(5) A notification that the recipient is entitled, upon reasonable request to the trustee, to receive from the trustee a true and complete copy of the terms of the trust.
(h)CA Probate Code § 16061.7(h) If the notification by the trustee is served because a revocable trust or any portion of it has become irrevocable because of the death of one or more settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust, the notification by the trustee shall also include a warning, set out in a separate paragraph in not less than 10-point boldface type, or a reasonable equivalent thereof, that states as follows:
“You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is delivered to you during that 120-day period, whichever is later.”
(i)CA Probate Code § 16061.7(i) Any waiver by a settlor of the requirement of serving the notification by trustee required by this section is against public policy and shall be void.
(j)CA Probate Code § 16061.7(j) A trustee may serve a notification by trustee in the form required by this section on any person in addition to those on whom the notification by trustee is required to be served. A trustee is not liable to any person for serving or for not serving the notice on any person in addition to those on whom the notice is required to be served. A trustee is not required to serve a notification by trustee if the event that otherwise requires service of the notification by trustee occurs before January 1, 1998.

Section § 16061.8

Explanation

If you receive a notice from a trustee about a trust, you have a limited time to contest it. Specifically, you cannot start a lawsuit to challenge the trust more than 120 days after getting the notice or 60 days after receiving a copy of the trust terms, whichever of these two deadlines is later.

A person upon whom the notification by the trustee is served pursuant to paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on the person within or after the time period set forth in subdivision (f) of Section 16061.7, shall not bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon the person, or 60 days from the date on which a copy of the terms of the trust is delivered pursuant to Section 1215 to the person during that 120-day period, whichever is later.

Section § 16061.9

Explanation

If a trustee doesn't notify beneficiaries or known heirs about the trust as required, they could be responsible for any damages or legal costs that arise from this failure. However, if the trustee tried hard enough to deliver this notification, they might not be held accountable. For heirs, trying hard enough means sending notice to the heir's last known address. Additionally, when deciding when and how to distribute trust assets, a trustee can consider that beneficiaries or heirs might still have time to challenge the trust.

(a)CA Probate Code § 16061.9(a) A trustee who fails to serve the notification by trustee as required by Section 16061.7 on a beneficiary shall be responsible for all damages, attorney’s fees, and costs caused by the failure unless the trustee makes a reasonably diligent effort to comply with that section.
(b)CA Probate Code § 16061.9(b) A trustee who fails to serve the notification by trustee as required by Section 16061.7 on an heir who is not a beneficiary and whose identity is known to the trustee shall be responsible for all damages caused to the heir by the failure unless the trustee shows that the trustee made a reasonably diligent effort to comply with that section. For purposes of this subdivision, “reasonably diligent effort” means that the trustee has delivered notice pursuant to Section 1215 to the heir at the heir’s last address actually known to the trustee.
(c)CA Probate Code § 16061.9(c) A trustee, in exercising discretion with respect to the timing and nature of distributions of trust assets, may consider the fact that the period in which a beneficiary or heir could bring an action to contest the trust has not expired.

Section § 16062

Explanation

This law outlines how and when a trustee (the person managing a trust) must provide accounting or financial statements to trust beneficiaries. Generally, the trustee must do this annually, when the trust ends, or if there's a change of trustee. However, certain older trusts, specifically those created before July 1, 1987, either by a living trust or a will, may be exempt from this rule unless specific conditions are met.

The law also states that any attempt to limit or waive the trustee's duty to account for their actions is invalid if the trustee is considered a 'disqualified person' or falls under certain legal sections. Essentially, trustees must be transparent about how they handle trust finances, with some exceptions for older trusts.

(a)CA Probate Code § 16062(a) Except as otherwise provided in this section and in Section 16064, the trustee shall account at least annually, at the termination of the trust, and upon a change of trustee, to each beneficiary to whom income or principal is required or authorized in the trustee’s discretion to be currently distributed.
(b)CA Probate Code § 16062(b) A trustee of a living trust created by an instrument executed before July 1, 1987, is not subject to the duty to account provided by subdivision (a).
(c)CA Probate Code § 16062(c) A trustee of a trust created by a will executed before July 1, 1987, is not subject to the duty to account provided by subdivision (a), except that if the trust is removed from continuing court jurisdiction pursuant to Article 2 (commencing with Section 17350) of Chapter 4 of Part 5, the duty to account provided by subdivision (a) applies to the trustee.
(d)CA Probate Code § 16062(d) Except as provided in Section 16064, the duty of a trustee to account pursuant to former Section 1120.1a of the Probate Code (as repealed by Chapter 820 of the Statutes of 1986), under a trust created by a will executed before July 1, 1977, which has been removed from continuing court jurisdiction pursuant to former Section 1120.1a, continues to apply after July 1, 1987. The duty to account under former Section 1120.1a may be satisfied by furnishing an account that satisfies the requirements of Section 16063.
(e)CA Probate Code § 16062(e) Any limitation or waiver in a trust instrument of the obligation to account is against public policy and shall be void as to any sole trustee who is either of the following:
(1)CA Probate Code § 16062(e)(1) A disqualified person as defined in former Section 21350.5 (as repealed by Chapter 620 of the Statutes of 2010).
(2)CA Probate Code § 16062(e)(2) Described in subdivision (a) of Section 21380, but not described in Section 21382.

Section § 16063

Explanation

This section outlines what information a trustee must include in their annual account report to the trust's beneficiaries. The account should cover financial activities such as money coming in (receipts) and going out (disbursements), the trust's assets and debts, the trustee's compensation, details about any hired agents and their pay, and notify beneficiaries that they can ask the court to review the account. It also mentions that beneficiaries have three years to make a claim against the trustee for breach of trust after receiving this account.

Additionally, if an account needs court approval, it must follow a specific procedure outlined in another section of the legal code.

(a)CA Probate Code § 16063(a) An account furnished pursuant to Section 16062 shall contain the following information:
(1)CA Probate Code § 16063(a)(1) A statement of receipts and disbursements of principal and income that have occurred during the last complete fiscal year of the trust or since the last account.
(2)CA Probate Code § 16063(a)(2) A statement of the assets and liabilities of the trust as of the end of the last complete fiscal year of the trust or as of the end of the period covered by the account.
(3)CA Probate Code § 16063(a)(3) The trustee’s compensation for the last complete fiscal year of the trust or since the last account.
(4)CA Probate Code § 16063(a)(4) The agents hired by the trustee, their relationship to the trustee, if any, and their compensation, for the last complete fiscal year of the trust or since the last account.
(5)CA Probate Code § 16063(a)(5) A statement that the recipient of the account may petition the court pursuant to Section 17200 to obtain a court review of the account and of the acts of the trustee.
(6)CA Probate Code § 16063(a)(6) A statement that claims against the trustee for breach of trust may not be made after the expiration of three years from the date the beneficiary receives an account or report disclosing facts giving rise to the claim.
(b)CA Probate Code § 16063(b) All accounts filed to be approved by a court shall be presented in the manner provided in Chapter 4 (commencing with Section 1060) of Part 1 of Division 3.

Section § 16064

Explanation

This law outlines when a trustee doesn't need to provide financial accounts to beneficiaries. Specifically, a trustee doesn't need to account if the trust document waives it, but if there's suspected wrongdoing, the court can still demand an accounting. Also, a beneficiary can agree in writing to not receive accounts, but they can later change their mind and withdraw that waiver for future transactions. Additionally, other exceptions are covered under another section.

The trustee is not required to account to a beneficiary as described in subdivision (a) of Section 16062, in any of the following circumstances:
(a)CA Probate Code § 16064(a) To the extent the trust instrument waives the account, except that no waiver described in subdivision (e) of Section 16062 shall be valid or enforceable. Regardless of a waiver of accounting in the trust instrument, upon a showing that it is reasonably likely that a material breach of the trust has occurred, the court may compel the trustee to account.
(b)CA Probate Code § 16064(b) As to a beneficiary who has waived in writing the right to an account. A waiver of rights under this subdivision may be withdrawn in writing at any time as to accounts for transactions occurring after the date of the written withdrawal. Regardless of a waiver of accounting by a beneficiary, upon a showing that is reasonably likely that a material breach of the trust has occurred, the court may compel the trustee to account.
(c)CA Probate Code § 16064(c) In any of the circumstances set forth in Section 16069.

Section § 16068

Explanation

This law states that if a person who creates a trust, called the settlor, tries to waive or cancel the trustee's responsibilities to share important information with the beneficiaries, such a waiver is not allowed and is considered invalid. Specifically, the law ensures beneficiaries must receive the terms of the trust and any other requested information related to the trust, as outlined in other specific sections of the law.

Any waiver by a settlor of the obligation of the trustee of either of the following is against public policy and shall be void:
(a)CA Probate Code § 16068(a) To provide the terms of the trust to the beneficiary as required by Sections 16060.7 and 16061.5.
(b)CA Probate Code § 16068(b) To provide requested information to the beneficiary as required by Section 16061.

Section § 16069

Explanation

This law explains when a trustee does not need to provide information to beneficiaries. First, if the trust is revocable, the trustee does not have to share details while the trust can still be changed. Second, if the trustee is also the beneficiary, they do not need to report to themselves. But, if the person who can revoke the trust is not mentally capable, the trustee must give information to certain beneficiaries.

(a)CA Probate Code § 16069(a) The trustee is not required to account to the beneficiary, provide the terms of the trust to a beneficiary, or provide requested information to the beneficiary pursuant to Section 16061, in any of the following circumstances:
(1)CA Probate Code § 16069(a)(1) In the case of a beneficiary of a revocable trust, as provided in subdivision (a) of Section 15800, for the period when the trust may be revoked.
(2)CA Probate Code § 16069(a)(2) If the beneficiary and the trustee are the same person.
(b)CA Probate Code § 16069(b) Notwithstanding subdivision (a), in the case of a revocable trust, if no person holding the power to revoke the trust, in whole or in part, is competent, the trustee’s duties to account shall be owed to those beneficiaries specified in paragraph (2) of subdivision (b) of Section 15800.