What is the fiduciary relationship between a beneficiary and the beneficiary of a trust?

California, United States of America


The following excerpt is from Van de Kamp v. Bank of America, 204 Cal.App.3d 819, 251 Cal.Rptr. 530 (Cal. App. 1988):

All benefits derived from the trust belong to the beneficiary. As stated in Savage v. Mayer (1949) 33 Cal.2d 548, 551, 203 P.2d 9, dealing [204 Cal.App.3d 835] with the similar fiduciary relationship of agent and principal: "An agent ... is not permitted to make any secret profit out of the subject of his agency. [Citations.] All benefits and advantages acquired by the agent as an outgrowth of the agency, exclusive of the agent's agreed compensation, are deemed to have been acquired for the benefit of the principal, and the principal is entitled to recover such benefits in an appropriate action. [Citation.]"

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