A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:
(1) The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or
(2) At the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary’s rights or of the material facts relating to the breach.
(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)
Uniform Law: This section is based upon § 1009 of the Uniform Trust Code.
Structure District of Columbia Code
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
§ 19–1310.01. Remedies for breach of trust
§ 19–1310.02. Damages for breach of trust
§ 19–1310.03. Damages in absence of breach
§ 19–1310.04. Attorney’s fees and costs
§ 19–1310.05. Limitation of action against trustee
§ 19–1310.06. Reliance on trust instrument
§ 19–1310.07. Event affecting administration or distribution
§ 19–1310.08. Exculpation of trustee
§ 19–1310.09. Beneficiary’s consent, release, or ratification
§ 19–1310.10. Limitation on personal liability of trustee
§ 19–1310.11. Interest as general partner