BlackletterCalifornia law

Probate Code § 19517

PART 9. Uniform Trust Decanting Act

Current as of September 28, 2026Prob. Code, § 19517Official source ↗

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.