Probate Code section 19517

(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.

Source: Section 19517, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=19517.­ (accessed Apr. 24, 2025).

Last Updated

Apr. 24, 2025

§ 19517’s source at ca​.gov