Sec. 12. (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.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
30-4-3-1.3. Revocable Trusts; Powers of Settlor; Duties of Trustees
30-4-3-1.5. Revocation or Amendment of Trust by Settlor
30-4-3-2. Power to Restrain Transfer of a Beneficiary's Interest
30-4-3-3.2. Perpetual Care Fund Trusts; Trustee Withdrawals
30-4-3-4. Exercise of Powers by Multiple, Successor, or Surviving Trustees
30-4-3-5. Conflict of Interest in Exercise of Powers
30-4-3-7. Self-Dealing; Transactions Between Trusts
30-4-3-7.5. Transactions Authorized
30-4-3-8. Duties of Co-Trustees
30-4-3-9. Duty of Trustee Under Control of Third Persons
30-4-3-10. Liability to Third Persons
30-4-3-11. Potential Liability of Trustee to Beneficiary; Remedies; Removal of Trustee
30-4-3-12. Liability for Breach of Trust by Co-Trustee
30-4-3-13. Liability of a Successor Trustee
30-4-3-14. Contribution and Indemnity
30-4-3-15. Remedies of Trustee Against Third Persons
30-4-3-16. Remedies Among Co-Trustees
30-4-3-17. Remedies of Trustee Against Beneficiary
30-4-3-18. Other Remedies of the Trustee
30-4-3-19. Relief of Trustee's Liability for Breach of Trust
30-4-3-20. Liability of Beneficiary
30-4-3-21. Remedies of Beneficiary Against Third Persons
30-4-3-22. Remedies of the Beneficiary Against the Trustee
30-4-3-23. Remedy of a Beneficiary Against a Co-Beneficiary
30-4-3-24.4. Modification or Termination of Trust by Court
30-4-3-24.5. Termination by Trustee of Trust With Value Less Than $75,000
30-4-3-25. Rescission and Reformation
30-4-3-25.5. Distribution of Terminated Trust; Payment of Federal and State Taxes
30-4-3-26. Power to Direct a Deviation From the Terms of the Trust
30-4-3-29. Removal, Resignation, and Appointment of Trustees
30-4-3-29.3. Power to Appoint a Successor Trustee
30-4-3-29.5. Corporate Trustee That Acquires Trust Due to Change in Control
30-4-3-30. Effect of This Article on the Court's Equity Powers
30-4-3-32. Trustee's Liability for Breach of Trust
30-4-3-33. Trustee Vacancies; Priority for Filling Vacancy
30-4-3-34. Petition to Determine Heirs and Interests in Trust Estate