Cal. Prob. Code § 19517

Current through the 2023 Legislative Session.
Section 19517 - Relief from liability and indemnification
(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.

Ca. Prob. Code § 19517

Added by Stats 2018 ch 407 (SB 909),s 1, eff. 1/1/2019.