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Supreme Court of California


Giraldin v. Giraldin, S197694

In a beneficiaries' suit against a trustee for breach of the duty committed while the settlor was alive and the trust was still revocable, the Court of Appeal's conclusion that plaintiffs have no standing to complain of the trustee's actions before the settlor died, is reversed and remanded where the beneficiaries do have standing to sue for breach of fiduciary duty after the settlor has died, because a trustee's breach of the fiduciary duty owed to the settlor can substantially harm the beneficiaries by reducing the trust's value against the settlor's wishes.

Appellate Information

  • Decided 12/20/2012
  • Published 12/20/2012

Judges

  • Chin

Court

  • Supreme Court of California

Counsel

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