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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