Statute · California Probate Code

Cal. Prob. Code § 19517 — Uniform Trust Decanting Act

Cal. Prob. Code § 19517

Type
Statute
Source
California Probate Code
Jurisdiction
California
Date
2019-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) Except as otherwise provided in this section, a second trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first trust instrument.

Citator

Cal. Prob. Code § 19517 — Uniform Trust Decanting Act is in force in the current edition of the Code, and nothing recorded condemns it.

(a) Except as otherwise provided in this section, a second trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first trust instrument.

(b) A second trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.

(c) A second trust instrument may not reduce fiduciary liability in the aggregate.

(d) Subject to subdivision (c), a second trust instrument may reallocate fiduciary powers among fiduciaries as permitted by the law of this state other than this part.