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Kentucky · Snapshot 09/05/2026

KRS 386B.13-160: Relief from liability and indemnification.

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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

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