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.