2020 Colorado Revised Statutes
Title 15 - Probate, Trusts, And Fiduciaries
Article 5. Colorado Uniform Trust Code
Section 15-5-1002. Damages for breach of trust.
(1) In addition to other remedies provided by this article 5, a trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:
The amount required to restore the value of the trust property and trust distributionsto what they would have been had the breach not occurred; or
The profit the trustee made, or the benefit the trustee received, other than reasonablecompensation, by reason of the breach.
(2) Except as otherwise provided in this subsection (2), if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.
Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1184, § 1, effective January 1, 2019.
