§ 30-4-3-11 — Potential liability of trustee to beneficiary; remedies; removal of trustee

Indiana § 30-4-3-11

• Jurisdiction: Indiana
• Art. 4: TRUST CODE
• Ch. 3: Rules Governing the Rights, Powers, Duties, Liabilities,

Text

(a) The trustee is accountable to the
beneficiary for the trust estate.
(b) If the trustee commits a breach of trust, the trustee is liable to the
beneficiary for:
(1) any loss or depreciation in the value of the trust property as a
result of the breach;
(2) any profit made by the trustee through the breach;
(3) any reasonable profit which would have accrued on the trust
property in the absence of a breach; and
(4) reasonable attorney's fees incurred by the beneficiary in
bringing an action on the breach.
(c) In the absence of a breach of trust, the trustee has no liability to
the beneficiary either for any loss or depreciation in value of the trust
property or for a failure to make a profit. However, if:
(1) a loss or depreciation in value of the trust property; or
(2) the trust's failure to make a profit;
is the result of a violation by the trustee of IC 28-1-12-8 or IC 28-6.1-6-26, one (1) or more beneficiaries of the trust may petition the
court for any remedy described in subsection (b) or for removal of the
trustee under section 22(a)(4) of this chapter, regardless of whether the
transaction under IC 28-1-12-8 or IC 28-6.1-6-26 constitutes or
involves a breach of trust. The court may award one (1) or more
remedies described in subsection (b) or remove the trustee, or both, if
the court determines that the remedy or the removal of the trustee is in
the best interests of all beneficiaries of the trust. The burden of proof
is on the one (1) or more petitioning beneficiaries to demonstrate that
the remedy or the removal of the trustee is in the best interests of all
beneficiaries of the trust.
(d) The trustee is liable to the beneficiary for acts of an agent which,
if committed by the trustee, would be a breach of the trust if the trustee:
(1) directs or permits the act of the agent;
(2) delegates the authority to perform an act to the agent which
the trustee is under a duty not to delegate;
(3) fails to use reasonable care in the selection or retention of the
agent;
(4) fails to exercise proper supervision over the conduct of the
agent;
(5) approves, acquiesces in, or conceals the act of the agent; or
(6) fails to use reasonable effort to compel the agent to reimburse
the trust estate for any loss or to account to the trust estate for any
profit.
Formerly: Acts 1971, P.L.416, SEC.4. As amended by
P.L.202-2007, SEC.4; P.L.226-2007, SEC.23; P.L.3-2008,
SEC.228.