Section 19517.
Cal. Probate Code - PROB § 19517.
in effect(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: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026
