There is a newer version of the New Mexico Statutes
2011 New Mexico Statutes
Chapter 46A: Uniform Trust Code
Article 10: Liability of Trustees and Rights of Persons Dealing with Trustees, 46A-10-1001 through 46A-10-1013
Section 46A-10-1003: Damages in absence of breach.
NM Stat § 46A-10-1003 (1996 through 1st Sess 50th Legis) What's This?
46A-10-1003. Damages in absence of breach.
A. A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.
B. Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
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