Sec. 45a-545q. Relief from liability and indemnification. (a) Except as provided in this section, a second-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument.
(b) 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.
(c) A second-trust instrument may not reduce fiduciary liability in the aggregate.
(d) Subject to subsection (c) of this section, a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees or trust directors, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by the law of this state, other than sections 45a-545a to 45a-545cc, inclusive.
(P.A. 24-104, S. 17.)
History: P.A. 24-104 effective January 1, 2025.