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Current as of March 28, 2024 | Updated by FindLaw Staff
(a) A trustee shall be liable to the beneficiary for a breach committed by a cotrustee if such trustee:
(1) Participates in a breach of trust committed by the cotrustee;
(2) Improperly delegates the administration of the trust to the cotrustee;
(3) Approves, knowingly acquiesces in, or conceals a breach of trust committed by the cotrustee;
(4) Negligently enables the cotrustee to commit a breach of trust; or
(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.
(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.
Cite this article: FindLaw.com - Georgia Code Title 53. Wills, Trusts, and Administration of Estates § 53-12-305 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-53-wills-trusts-and-administration-of-estates/ga-code-sect-53-12-305.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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