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Terms Used In Louisiana Revised Statutes 9:2205

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.

A trustee shall not be liable to a beneficiary for a breach of trust committed by a co-trustee, unless he:

(1)  Participates in a breach of trust committed by his co-trustee;

(2)  Delegates improperly the administration of the trust to his co-trustee;

(3)  Conceals, approves, or acquiesces in a breach of trust committed by his co-trustee;

(4)  Enables his co-trustee to commit a breach of trust by his failure to exercise reasonable care in the administration of the trust; or

(5)  Neglects to take proper steps to compel his co-trustee to redress a breach of trust.