15602
Effective Jan 1, 2005Amended by Stats. 2004, Ch. 75, Sec. 1. Effective January 1, 2005.
(a) A trustee is not required to give a bond to secure performance of the trustee’s duties, unless any of the following circumstances occurs:
- (1) A bond is required by the trust instrument.
- (2) Notwithstanding a waiver of a bond in the trust instrument, a bond is found by the court to be necessary to protect the interests of beneficiaries or other persons having an interest in the trust.
- (3) An individual who is not named as a trustee in the trust instrument is appointed as a trustee by the court.
- (b) Notwithstanding paragraphs (1) and (3) of subdivision (a), the court may excuse a requirement of a bond, reduce or increase the amount of a bond, release a surety, or permit the substitution of another bond with the same or different sureties. The court may not, however, excuse the requirement of a bond for an individual described in paragraph (3) of subdivision (a), except under compelling circumstances. For the purposes of this section, a request by all the adult beneficiaries of a trust that bond be waived for an individual described in paragraph (3) of subdivision (a) for their trust is deemed to constitute a compelling circumstance.
- (c) If a bond is required, it shall be filed or served and shall be in the amount and with sureties and liabilities ordered by the court.
- (d) Except as otherwise provided in the trust instrument or ordered by the court, the cost of the bond shall be charged against the trust.
- (e) A trust company may not be required to give a bond, notwithstanding a contrary provision in the trust instrument.