• settlor's approval in trust instrument (settlor authorizes breaching conduct such as in an exculpatory clause)
  • prior approval or ratificatin by beneficiary
  • court decree
  • statute of limitations - if matter revelaed in accounting the beneficiary must bring suit within three years; else is 3 years from time beneficiary discovered or should have discovered breach
  • laches
  • revocable trust - if settlor not complaining beneficiaries cannot sue
  • can beg the court to relieve the trustee of liability

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