456.10-1009. Beneficiary's consent, release, or ratification.
Beneficiary's consent, release, or ratification.
456.10-1009. A trustee is not liable to a beneficiary for breach oftrust if the beneficiary, while having capacity, consented to the conductconstituting the breach, released the trustee from liability for thebreach, or ratified the transaction constituting the breach, unless:
(1) the consent, release, or ratification of the beneficiary wasinduced by improper conduct of the trustee; or
(2) at the time of the consent, release, or ratification, thebeneficiary did not know of the beneficiary's rights or of the materialfacts relating to the breach.
(L. 2004 H.B. 1511)Effective 1-01-05