KRS 386B.13-160: Relief from liability and indemnification.
Where this section sits in the code
(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 indemnific ation 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 the fiduciaries, including one (1) or more
trustees, distrib ution 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 Commonwealth other than KRS 386B.13 -010
to 386B.13-280.
Collected 2026-09-05T20:59:20Z. Source file · JSON