75-7-1008 - Exculpation of trustee.
75-7-1008. Exculpation of trustee.
A term of a trust relieving a trustee of liability for breach of trust is unenforceable to theextent that it:
(1) relieves the trustee of liability for breach of trust committed in bad faith or withreckless indifference to the purposes of the trust or the interests of the beneficiaries; or
(2) was inserted by the trustee or fiduciary without disclosure of its existence andcontents.
Enacted by Chapter 89, 2004 General Session