{"data":{"id":"us-ks/k.s.a.-58-5117","jurisdiction":"us-ks","citation":"K.S.A. 58-5117","heading":"Relief from liability and indemnification; restrictions.","body":"(a) Except as otherwise provided in this section, a second-trust instrument shall not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument.\n(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.\n(c) A second-trust instrument shall not reduce fiduciary liability in the aggregate.\n(d) Subject to subsection (c), 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 the uniform trust decanting act.","path":["Chapter 58.—PERSONAL AND REAL PROPERTY","Article 51.—UNIFORM TRUST DECANTING ACT"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch58/058_051_0017.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-10-15T06:20:56Z","sha256":"71f9e8c1d3fe453163b715abe12bee58164aaad41a4398a781dd33b4e1e23ece","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-58-5116","next":"us-ks/k.s.a.-58-5118"},"notice":"GroundRules: Original legal text. Not legal advice."}
