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Cal. Prob. Code § 19517

Uniform Trust Decanting Act

Known as the Uniform Trust Decanting Act

The act spans §§ 19501–19530 (28 sections).

Added by Stats. 2018, Ch. 407, Sec. 1

(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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.