Added by Stats. 2018, Ch. 407, Sec. 1. (SB 909) Effective January 1, 2019.
(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.
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