Indiana § 30-4-5-17 Compensation if trustee breaches trust

Indiana Statutes

§ 30-4-5-17 — Compensation if trustee breaches trust

Indiana § 30-4-5-17

Art. 4TRUST CODE

Ch. 5Rules Governing the Administration of a Trust

This text of Indiana § 30-4-5-17 (Compensation if trustee breaches 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 § 30-4-5-17 (2026).

Text

(Compensation if Trustee Breaches Trust)

(a)In a proceeding in which the trustee is found to be in breach of trust, the court may in its discretion either deny him all compensation, allow him a reduced compensation, or allow him full compensation.

(b)In the exercise of its discretion under subsection (a) of this section, the court may consider, among others, the following facts:

(1)whether the breach of trust was intentional, negligent, or without fault;

(2)whether or not the trustee acted in good faith;

(3)whether or not the breach of trust resulted in a loss to the trust estate;

(4)if a loss results, whether the trustee has indemnified the trust estate; and

(5)whether the trustee's services were of value to the trust estate. Formerly: Acts 1971, P.L.416, SEC.6.

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(Compensation if Trustee Breaches Trust)
(a) In a proceeding in which the trustee is found to be in breach of
trust, the court may in its discretion either deny him all compensation,
allow him a reduced compensation, or allow him full compensation.
(b) In the exercise of its discretion under subsection (a) of this
section, the court may consider, among others, the following facts:
(1) whether the breach of trust was intentional, negligent, or without
fault;
(2) whether or not the trustee acted in good faith;
(3) whether or not the breach of trust resulted in a loss to the trust
estate;
(4) if a loss results, whether the trustee has indemnified the trust
estate; and
(5) whether the trustee's services were of value to the trust estate.
Formerly: Acts 1971, P.L.416, SEC.6.