- 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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