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-10-1009: Beneficiary's consent, release or ratification.
46A-10-1009. Beneficiary's consent, release or ratification.
A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach or ratified the transaction constituting the breach, unless:
A. the consent, release or ratification of the beneficiary was induced by improper conduct of the trustee; or
B. at the time of the consent, release or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.
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