5/8/2019 D.C. Law Library - § 19–1310.02. Damages for breach of trust.

Code of the District of Columbia

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↪ D.C. Law Library

↪ Code of the District of Columbia
↪ Title 19. Descent, Distribution, and Trusts. [Enacted title]
↪ Chapter 13. Uniform Trust Code.
↪ Subchapter X. Liability of Trustees and Rights of Persons Dealing with Trustee.
↪ § 19–1310.02. Damages for breach of trust.

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§ 19–1310.01. Remedies for breach of trust.

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§ 19–1310.03. Damages in absence of breach.

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Current through Apr. 5, 2019

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5/8/2019 D.C. Law Library - § 19–1310.02. Damages for breach of trust.

Last codified D.C. Law:

Law 22-279 effective Apr. 5, 2019
Last codified Emergency Law:
Act 23-112 effective Feb. 28, 2019
Last codified Federal Law:
Public Law approved May 5, 2017

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§ 19–1310.02. Damages for breach of trust.

(a) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:

(1) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach
not occurred; or

(2) The profit the trustee made by reason of the breach.

(b) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is
entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at
fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the
trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from
another trustee to the extent of the benefit received.

(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)

Editor's Notes

Uniform Law: This section is based upon § 1002 of the Uniform Trust Code.

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