Code of Virginia § 64.2-799. Exculpation of trustee.
127 words·~1 min read·
/va/title-64-2/chapter-7/64-2-799A 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. 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 existence and contents of the exculpatory term were adequately communicated to the settlor.
2005, c. 935 , § 55-550.08; 2012, c. 614 .