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Is Breach of Fiduciary Duty a Tort?

By December 19, 2025December 24th, 2025No Comments
breach of duty

Table of Contents

Key Takeaways

  • California law may treat breach of fiduciary duty as a tort, depending on the facts of the case.
  • In probate and trust disputes, the California Probate Code often governs breach of fiduciary duty claims rather than general tort law.
  • Trustees owe strict fiduciary duties to beneficiaries, including duties of loyalty, care, and disclosure.
  • Beneficiaries may ask the court to award remedies such as damages, trustee removal, or surcharge.
  • Early legal action can prevent further financial harm to a trust or estate.

What Is a Fiduciary Duty Under California Law?

A fiduciary duty exists when the law requires one party to act in another’s best interests. This duty commonly applies to trustees, executors, administrators, and other individuals who control property or finances for someone else.

A fiduciary relationship is built on trust and confidence. California courts hold fiduciaries to a higher legal standard than ordinary parties because beneficiaries rely on them for honesty, care, and transparency.

In trust and probate matters,  The California Probate Code primarily governs fiduciary duties in trust and probate matters. Particularly provisions addressing trustee conduct and beneficiary rights.

Fiduciary Duties in Probate and Trust Litigation

At The Grossman Law Firm, we represent beneficiaries and heirs throughout California when fiduciaries fail to meet these legal obligations. Attorney Scott Grossman focuses exclusively on probate and trust litigation and helps clients assess whether a fiduciary has breached their duties and what legal remedies may be available under California law.

What Is a Tort Under California Law?

A tort is a civil wrong that causes harm or loss and gives rise to legal liability. Common examples include negligence, fraud, and conversion. Tort claims generally allow an injured party to seek monetary damages for losses caused by another person’s wrongful conduct.
Not all legal violations are torts. Some claims arise from contracts, statutes, or fiduciary obligations, and the classification depends on the nature of the duty breached and the remedy sought.

Is Breach of Fiduciary Duty Considered a Tort in California?

In many cases, yes, breach of fiduciary duty can be treated as a tort under California law. Courts often describe it as a “tortious breach” because it involves a violation of a legal duty that causes harm.
However, courts frequently handle breach of fiduciary duty claims under the Probate Code. This distinction matters because it affects:
  • Available remedies
  • Applicable statutes of limitation
  • Whether the claim is heard in probate court
Even when governed by probate law, California law may treat breach of fiduciary duty as a tort, focusing on wrongful conduct, causation, and damages.

How Breach of Fiduciary Duty Claims Arise in Probate and Trust Matters

Breach of fiduciary duty claims often arise when a trustee or other fiduciary:
  • Mismanages trust assets
  • Failure to provide the required information to beneficiaries
  • Delays distributions without justification
  • Engages in self-dealing or conflicts of interest
  • Ignores the terms of the trust
California law requires fiduciaries to administer trusts with reasonable care, skill, and caution. When they fail to meet this standard, beneficiaries may seek court intervention.

Common Fiduciary Duties Owed by Trustees

Trustees owe several core duties under California law, including:

Duty of Loyalty

Trustees must act solely in the interests of the beneficiaries and avoid conflicts of interest or self-dealing.

Duty of Care and Prudence

Trustees must manage trust assets responsibly and make informed decisions consistent with the trust’s purposes.

Duty of Impartiality

When a trust has multiple beneficiaries, trustees must treat them fairly and avoid favoring one over another.

Duty to Follow the Trust

Trustees must administer the trust strictly in accordance with its terms and within the authority granted.

Duty of Disclosure

Trustees must keep beneficiaries reasonably informed about trust administration and provide requested information as required by law.
Failure to meet any of these duties can support a breach of fiduciary duty claim.

What Must Be Proven in a Breach of Fiduciary Duty Case

To succeed in a breach of fiduciary duty claim, a beneficiary generally must show:

  1. A fiduciary relationship existed
  2. The fiduciary breached one or more duties
  3. The breach caused harm to the trust or beneficiary
  4. The beneficiary suffered damages as a result
Courts focus on the fiduciary’s conduct and its impact, not whether the fiduciary intended to cause harm.
If you suspect your trustee isn’t acting in your best interest, don’t wait. Explore 20 Ways Your Trustee May Be Breaching Their Fiduciary Duties to learn the most common warning signs and what you can do about them.

Remedies Available for Breach of Fiduciary Duty

When a breach is proven, California courts may order remedies such as:
  • Surcharge against the fiduciary for financial losses
  • Prejudgment or post-judgment interest
  • Removal or suspension of the trustee
  • Appointment of a successor trustee
  • Orders compelling proper administration
The goal is to restore trust and protect the beneficiary’s interests, not to punish the fiduciary.

When Trust Litigation Becomes Necessary

Trust litigation becomes necessary when informal requests fail or when misconduct continues to threaten trust assets. Courts can intervene to enforce fiduciary duties and prevent further damage.

Why Early Court Intervention Matters

Delays often make recovery more difficult. Missing records, dissipated assets, and expired deadlines can limit the remedies available. At The Grossman Law Firm, we help beneficiaries and heirs throughout California assess whether court intervention is necessary and take strategic action to protect trust assets before additional harm occurs.

FAQ

Is breach of fiduciary duty always a tort in California?
Not always. While it can be treated as a tort, trust, and probate cases often proceed under the Probate Code rather than general tort law.
Can I sue a trustee personally for breach of fiduciary duty?
Yes. Trustees may be held personally liable for losses caused by their misconduct.
What damages are available in a breach of fiduciary duty case?
Available remedies may include financial compensation, interest, removal of the trustee, and court supervision.
How long do I have to file a claim?
Deadlines vary depending on the facts and applicable Probate Code sections. Acting quickly is critical.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation. Attorney Scott Grossman focuses exclusively on holding trustees and fiduciaries accountable when they fail to follow the law or the trust’s terms.
Call (888) 443-6590 or fill out our Get Help Now form to take the next step.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published Apr 25, 2024