Compensation if trustee breaches trust
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.)
Last modified: May 27, 2006