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A.R.S. § 14-11006

Trustee Protection for Following the Trust Document

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

Arizona protects trustees who follow the trust document in good faith. If a trustee acts based on a reasonable reading of the trust instrument and something goes wrong, they are not personally liable for breach of trust to the extent the problem resulted from following those written terms.

Title 14, ARIZONA TRUST CODE

azleg.gov

Why This Protection Matters

Trust documents can be long, detailed, and sometimes ambiguous. A trustee reading the instrument may interpret a provision one way, while a beneficiary reads it differently. When a dispute arises, should the trustee be penalized for following what the document appeared to say?

A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.

A.R.S. § 14-11006

Arizona's answer is clear: no. A trustee who relies reasonably on the written terms of the trust is shielded from liability. The key word is "reasonable." This is not a blank check. A trustee cannot use an obviously flawed interpretation as a shield. But when the trust language supports the trustee's reading, that reliance is protected.

Practical Implications for Trust Administration

This statute encourages trustees to follow the trust document rather than second-guessing every provision out of fear of litigation. It also reinforces why clear, well-drafted trust language matters in the first place. Vague or contradictory terms in a trust instrument create the kind of ambiguity that leads to disputes.

For families creating or updating a trust, the lesson here is practical. The clearer the document, the easier it is for the trustee to follow it with confidence, and the less likely beneficiaries are to have grounds for a challenge. A well-written trust protects everyone involved.

A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
View on azleg.gov

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Related Questions

Should I amend or restate my trust?

For one or two small changes, an amendment is usually sufficient. For multiple changes or a trust with several existing amendments, a restatement gives you a clean document. Neither requires retitling any assets.

What does a trustee actually do?

A trustee manages trust assets according to the rules the trust creator set. While you are alive, you are typically both trustor and trustee. After you pass, your successor trustee distributes assets as instructed.

How do I prepare my successor trustee to manage my estate?

Create a binder or digital folder listing financial accounts, professional advisors, document locations, bill payment details, and contacts. Your trustee should not have to guess their way through your estate.

Related Statutes

§ 14-10101The Arizona Trust Code: Short Title and What It Covers
§ 14-10102Which Trusts Are Covered by the Arizona Trust Code
§ 14-10103Key Definitions in the Arizona Trust Code

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