(1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term:
(a) 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
(b) Was inserted into the trust instrument as the result of an abuse by the trustee of a fiduciary or confidential relationship with the settlor.
(2) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless:
(a) The trustee proves that the exculpatory term is fair under the circumstances.
(b) The term’s existence and contents were adequately communicated directly to the settlor or the independent attorney of the settlor. This paragraph applies only to trusts created on or after July 1, 2007.
History.—s. 10, ch. 2006-217; s. 6, ch. 2007-153.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 736 - Florida Trust Code
Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)
736.1001 - Remedies for breach of trust.
736.1002 - Damages for breach of trust.
736.1003 - Damages in absence of breach.
736.1004 - Attorney’s fees and costs.
736.1005 - Attorney fees for services to the trust.
736.1006 - Costs in trust proceedings.
736.1007 - Trustee’s attorney fees.
736.1008 - Limitations on proceedings against trustees.
736.1009 - Reliance on trust instrument.
736.1010 - Event affecting administration or distribution.
736.1011 - Exculpation of trustee.
736.1012 - Beneficiary’s consent, release, or ratification.
736.1013 - Limitation on personal liability of trustee.
736.1014 - Limitations on actions against certain trusts.
736.1015 - Interest as general partner.
736.1016 - Protection of person dealing with trustee.
736.1017 - Certification of trust.
736.1018 - Improper distribution or payment; liability of distributee.