Indiana § 30-4-3-32 Trustee's liability for breach of trust

Indiana Statutes

§ 30-4-3-32 — Trustee's liability for breach of trust

Indiana § 30-4-3-32

Art. 4TRUST CODE

Ch. 3Rules Governing the Rights, Powers, Duties, Liabilities,

This text of Indiana § 30-4-3-32 (Trustee's liability for breach of trust) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 30-4-3-32 (2026).

Text

(a)Except as stated in subsections (b) and (c), the trustee, by provisions of the trust, can be relieved of liability for breach of trust.

(b)A provision in the trust instrument is not effective to relieve the trustee of liability for breach of trust committed in bad faith, intentionally, or with reckless indifference to the interest of the beneficiary, or of liability for any profit that the trustee has derived from a breach of trust.

(c)A provision that relieves the trustee of liability for breach of trust is ineffective if it is inserted in the trust instrument as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.

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(a) Except as stated in subsections (b) and (c),
the trustee, by provisions of the trust, can be relieved of liability for
breach of trust.
(b) A provision in the trust instrument is not effective to relieve the
trustee of liability for breach of trust committed in bad faith,
intentionally, or with reckless indifference to the interest of the
beneficiary, or of liability for any profit that the trustee has derived
from a breach of trust.
(c) A provision that relieves the trustee of liability for breach of trust
is ineffective if it is inserted in the trust instrument as the result of an
abuse by the trustee of a fiduciary or confidential relationship to the
settlor.