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Code · Massachusetts · Part II — REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS · Title II — PROCEEDINGS IN CRIMINAL CASES · Chapter 203E

Section 1008: Exculpation of trustee

120 words·~1 min read·/ma/part-ii/title-ii/chapter-203e/1008·

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Section 1008. Exculpation of trustee
(a)A term of a trust relieving a trustee of liability for breach of trust shall be 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)An exculpatory term drafted or caused to be drafted by the trustee may be invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that its existence and contents were adequately communicated to the settlor.
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