75B-2-1008. Exculpation of trustee.
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/ut/title-75b/chapter-2/75b-2-1008A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
75B-2-1008. Exculpation of trustee.
A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term:
(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 by the trustee or fiduciary without disclosure of its existence and contents.
Renumbered and Amended by Chapter 310 , 2025 General Session