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.