MBE Rules · Wills, Trusts & Estates
Duty to Inform and Account
Cal. Prob. Code §§ 16060-16062
The rule
The trustee must keep beneficiaries reasonably informed, provide terms on request, serve the § 16061.7 notice on a trust becoming irrevocable (triggering a 120-day contest window), and account at least annually to income beneficiaries.
In plain English
The trustee has a responsibility to keep beneficiaries updated about the trust and its assets. This includes providing them with the trust's terms when asked, notifying them when the trust becomes irrevocable, and giving annual accountings of income to the beneficiaries entitled to it.
Worked example
A trustee manages a family trust that has just become irrevocable. They notify the beneficiaries of this change and provide them with the trust terms upon request. Additionally, the trustee sends out annual accountings of the trust's income to the beneficiaries. As a result, the beneficiaries feel informed and secure about their interests in the trust.
Memory hook
Trustees must keep beneficiaries in the loop or risk a legal showdown.
The trap
Exams may present scenarios where a trustee fails to notify beneficiaries or provide accountings, leading students to overlook the importance of these duties. Watch for subtle hints about the timing of notifications or accountings.
How examiners test it
Questions often test the nuances of the trustee's obligations, focusing on whether beneficiaries were adequately informed or if the trustee complied with the accounting requirements.
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More Wills, Trusts & Estates rules
- Co-Trustees · Cal. Prob. Code § 15620
- Trustee Removal · Cal. Prob. Code § 15642
- Formal Will Requirements · Cal. Prob. Code § 6110
- Spendthrift Exceptions · Cal. Prob. Code §§ 15305-15307
- Ademption of Specific Devises · In re Estate of Newsome (1967) 248 Cal.App.2d 712
- Intestate Succession · Cal. Prob. Code §§ 6400-6414