| Enforceability of Exculpatory Trust Term.

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Effective: January 1, 2007

Latest Legislation: House Bill 416 - 126th General Assembly

A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it 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 was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.


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