§1009. Beneficiary's consent, release or ratification
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: [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
1. Induced by improper conduct. The consent, release or ratification of the beneficiary was induced by improper conduct of the trustee; or
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
2. Beneficiary did not know rights. 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.
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
Structure Maine Revised Statutes
Part 1: MAINE UNIFORM TRUST CODE
Chapter 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE
18-B §1001. Remedies for breach of trust
18-B §1002. Damages for breach of trust
18-B §1003. Damages in absence of breach
18-B §1004. Attorney's fees and costs
18-B §1005. Limitation of action against trustee
18-B §1006. Reliance on trust instrument
18-B §1007. Event affecting administration or distribution
18-B §1008. Exculpation of trustee
18-B §1009. Beneficiary's consent, release or ratification
18-B §1010. Limitation on personal liability of trustee
18-B §1011. Interest as general partner