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Colorado · Through Colorado Revised Statutes 2026

C.R.S. § 15-16-917: Relief from liability and indemnification.

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Where this section sits in the code
  1. Title 15 - PROBATE, TRUSTS, AND FIDUCIARIES
  2. Article 16 - Trust Administration
  3. Part 9 - COLORADO UNIFORM TRUST DECANTING ACT

(1) 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.

(2) 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.

(3) A second-trust instrument may not reduce fiduciary liability in the aggregate.

(4) Subject to subsection (3) of this section, a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors, or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by law of this state other than this part 9.

Collected 2026-09-14T18:37:45Z. Source file · JSON

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