58a-1008. Exculpation of trustee. (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:
(1) Trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor; or
(2) the settlor was represented by an attorney not employed by the trustee with respect to the trust and such attorney has reviewed the exculpatory term and provided independent legal advice regarding such term.
History: L. 2002, ch. 133, § 83; L. 2006, ch. 23, § 13; July 1.
Structure Kansas Statutes
Chapter 58a - Kansas Uniform Trust Code
Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee
58a-1001 Remedies for breach of trust.
58a-1002 Damages for breach of trust.
58a-1003 Damages in absence of breach.
58a-1004 Attorney fees and costs.
58a-1005 Limitation of action against trustee.
58a-1006 Reliance on trust instrument.
58a-1007 Event affecting administration or distribution.
58a-1008 Exculpation of trustee.
58a-1009 Beneficiary's consent, release, or ratification.
58a-1010 Limitation on personal liability of trustee.
58a-1011 Interest as general partner.