pjc-family-2024-lib

E XPRESS T RUSTS

PJC 235.14

PJC 235.14 Actual Damages for Breach of Trust If you answered [“Yes”] [“No”] [ see comment ] to Question ______, then answer the following question. Otherwise, do not answer the following ques tion. QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate the trust estate for the damages, if any, resulting from the conduct inquired about in Question ______ [ PJC 235.9 – 235.12 (breach of duty) ]? Consider the following elements of damages, if any, and none other. 1. Any loss or depreciation in value of the trust. 2. Any profit made by the trustee. 3. Any profit that would have accrued to the trust estate. 4. [ Other applicable elements. ] Consider each element separately. Do not add any amount for interest on damages, if any. Answer separately in dollars and cents for damages, if any. 1. [ Element 1 ] Answer: _______________ 2. [ Element 2 ] Answer: _______________ COMMENT Wording conditioning instruction. This PJC is predicated on a finding of breach of fiduciary duty: a “Yes” answer to PJC 235.9 (breach of duty by trustee—other than self-dealing) or PJC 235.12 (breach of duty by trustee—self-dealing—duty of loyalty eliminated), or a “No” answer to PJC 235.10 (breach of duty by trustee—self dealing—duties not modified or eliminated by trust) or PJC 235.11 (breach of duty by trustee—self-dealing—duties modified but not eliminated by trust). If damages are sought based on PJC 235.9 and that question is submitted as shown in PJC 235.9 (that is, with separate answers for each duty) rather than in broad form, the conditioning instruction should be worded as follows:

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