California Law on Rights of a Trust Beneficiary

Beneficiaries of trusts have rights.

Trusts are legal arrangements in which a settlor places his property in the control of a trustee for the benefit of a third party, the beneficiary. Beneficiaries have certain rights related to the trustee's performance and protection of the trust res (property).

Information

Several beneficiary rights are related to the receipt and maintenance of information. Beneficiaries have the right to complete disclosure of the trust terms and conditions and the documents that created the trust. Trustees must also communicate with the beneficiary and provide an accounting of the trust at reasonable intervals.

Trustee Performance

Beneficiaries have rights related to the performance of the trustee. If the trustee fails to fulfill his obligations, the beneficiary may sue to force proper administration of the trust or removal of the trustee and appointment of a new one. A trustee's failure to act with care, resulting in damage to the trust, can result in the trustee's personal liability for the damages.

Fair and Impartial

Trustees must treat beneficiaries fairly and impartially, and they may not take actions that would benefit themselves at the expense of the trust. In the case of multiple beneficiaries, the trustee may not favor one beneficiary over others.

References

• Eaton, Jones & Michelon: The Trust Beneficiaries' Bill of Rights
• California Probate Center: Beneficiary and Heir Rights
• David W. Tate, Attorney at Law: Trustee Responsibilities, Beneficiary Rights and Elder Law