{"data":{"id":"us-nm/46-12-117","jurisdiction":"us-nm","citation":"46-12-117","heading":"Relief from liability and indemnification.","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.\nB. 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.\nC. A second-trust instrument shall not reduce fiduciary liability in the aggregate.\nD. Subject to Subsection C 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 New Mexico law other than the Uniform Trust Decanting Act.","path":["Chapter 46 - Fiduciaries and Trusts","ARTICLE 12 Uniform Trust Decanting"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18547/index.do","current_through":"2024-04-26","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"9696663fcefefd1bdd58006c3b39629a528745e6f12aa92e89c2c2e69c13ed25","source_id":"us-nm","stale":false,"prev":"us-nm/46-12-116","next":"us-nm/46-12-118"},"notice":"GroundRules: Original legal text. Not legal advice."}