RCW 11.98.085
Trustee—Breach of trust—Damages.
(1) A trustee who commits a breach of trust is liable for the greater of:
(a) 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
(b) The profit the trustee made by reason of the breach.
(2) 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.
[ 2011 c 327 § 33.]
NOTES:
Application—Effective date—2011 c 327: See notes following RCW 11.103.020.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
11.98.005 - Trust situs and governing law.
11.98.008 - Trust creation—Methods.
11.98.009 - Application of chapter.
11.98.011 - Trust creation—Requirements.
11.98.012 - Trust creation—Other jurisdictions.
11.98.013 - Trust creation—Allowable purposes.
11.98.014 - Trust creation—Oral trusts.
11.98.015 - Noncharitable trusts without ascertainable beneficiaries.
11.98.016 - Exercise of powers by co-trustees.
11.98.017 - Trusteeship—Accepting and declining—Powers without acceptance.
11.98.019 - Relinquishment of powers by trustee.
11.98.029 - Resignation of trustee.
11.98.041 - Change of trustee—Discharge of outgoing trustee, when.
11.98.045 - Criteria for transfer of trust assets or administration.
11.98.051 - Nonjudicial transfer of trust assets or administration—Notice—Consent required.
11.98.055 - Judicial transfer of situs of trusts.
11.98.060 - Power of successor trustee.
11.98.065 - Change in form of corporate trustee.
11.98.071 - Trustee's delegation of duties.
11.98.072 - Trustee—Notification requirements.
11.98.075 - Certification of trust.
11.98.078 - Trustee duty of loyalty.
11.98.080 - Consolidation of trusts.
11.98.085 - Trustee—Breach of trust—Damages.
11.98.100 - Nonliability for action or inaction based on lack of knowledge of events.
11.98.105 - Nonliability of third persons without knowledge of breach.
11.98.107 - Trustee exculpation.
11.98.108 - Nonliability of trustee—Beneficiary's consent, release, or ratification.
11.98.110 - Contract and tort liability.
11.98.130 - Rule against perpetuities.
11.98.140 - Distribution and vesting of assets.
11.98.145 - Distribution upon termination.
11.98.150 - Distribution of assets after one hundred fifty-year period.
11.98.200 - Beneficiary trustee—Limitations on power.
11.98.220 - Beneficiary trustee—Inferences of law—Judicial review.
11.98.230 - Beneficiary trustee—Income under marital deduction—Spousal power of appointment.
11.98.240 - Beneficiary trustee—Applicability—Exceptions—Election of exception—Cause of action.
11.98.900 - Application of RCW 11.98.130 through 11.98.160—RCW 11.68.090 prevails.
11.98.930 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.