RELIEF FROM LIABILITY AND INDEMNIFICATION.
(a) Except as otherwise 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), a second-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors, or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by laws of this state other than this chapter.
Structure Code of Alabama
Title 19 - Fiduciaries and Trusts.
Chapter 3D - Alabama Uniform Trust Decanting Act.
Section 19-3D-1 - Short Title.
Section 19-3D-2 - Definitions.
Section 19-3D-4 - Fiduciary Duty.
Section 19-3D-5 - Application; Governing Law.
Section 19-3D-6 - Reasonable Reliance.
Section 19-3D-7 - Notice; Exercise of Decanting Power.
Section 19-3D-8 - Representation.
Section 19-3D-9 - Court Involvement.
Section 19-3D-10 - Formalities.
Section 19-3D-11 - Decanting Power Under Expanded Distributive Dicretion.
Section 19-3D-12 - Decanting Power Under Limited Distributive Discretion.
Section 19-3D-13 - Trust for Beneficiary With Disability.
Section 19-3D-14 - Protection of Charitable Interest.
Section 19-3D-15 - Trust Limitation on Decanting.
Section 19-3D-16 - Change in Compensation.
Section 19-3D-17 - Relief From Liability and Indemnification.
Section 19-3D-18 - Removal or Replacement of Authorized Fiduciary.
Section 19-3D-19 - Tax-Related Limitations.
Section 19-3D-20 - Duration of Second Trust.
Section 19-3D-21 - Need to Distribute Not Required.
Section 19-3D-22 - Saving Provision.
Section 19-3D-23 - Trust for Care of Animal.
Section 19-3D-24 - Terms of Second Trust.
Section 19-3D-26 - Later-Discovered Property.
Section 19-3D-27 - Obligations.
Section 19-3D-28 - Uniformity of Application and Construction.
Section 19-3D-29 - Relation to Electronic Signatures in Global and National Commerce Act.