Sec. 17. (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.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 5. Rules Governing the Administration of a Trust
30-4-5-0.5. Application of Uniform Principal and Income Act
30-4-5-12. Accounting by Trustees
30-4-5-13. Content of Written Statements of Account Filed With the Court
30-4-5-14. Settlements; Objections; Hearing; Surcharge
30-4-5-14.5. Nonjudicial Settlement; Procedures
30-4-5-16. Right to Compensation
30-4-5-17. Compensation if Trustee Breaches Trust
30-4-5-18. Private Foundations
30-4-5-20. Private Corporate Foundations; Effective Dates of Ic 30-4-5-18
30-4-5-21. Trusts for Benevolent Public Purpose; General Rules
30-4-5-25. "Interested Person"; Matters Resolved by Nonjudicial Settlement Agreement