Sec. 45a-499uuu. Exculpation of trustee.
137 words·~1 min read·
/ct/title-45a/chapter-802c-trusts/45a-499uuu·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:
(1)Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or
(2)was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.
(b)Except for terms intended to provide protection for carrying out a stated trust purpose, an exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.