Indiana Statutes

§ 30-4-3-12 — Liability for breach of trust by co-trustee

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

(Liability for Breach of Trust by Co-Trustee) A trustee becomes liable to the beneficiary for a breach of trust committed by his co-trustee if he:

(a)participates in the breach of trust;
(b)improperly delegates the administration of the trust to the co-trustee;
(c)approves, acquiesces in or conceals a breach of trust;
(d)enables the co-trustee to commit a breach of trust by his failure to exercise care in the administration of the trust; or
(e)fails to use reasonable effort to compel the co-trustee, or, if the co-trustee has died, his estate, to redress a breach of trust. Formerly: Acts 1971, P.L.416, SEC.4.

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