Section 1008. Exculpation of trustee
(a) A term of a trust relieving a trustee of liability for breach of trust shall be 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 may be invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that its existence and contents were adequately communicated to the settlor.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Chapter 203e - Massachusetts Uniform Trust Code
Article 10 - Liability of Trustees and Rights of Persons Dealing With Trustee
Section 1001 - Remedies for Breach of Trust
Section 1005 - Limitation of Action Against Trustee
Section 1006 - Reliance on Trust Instrument
Section 1007 - Event Affecting Administration or Distribution
Section 1008 - Exculpation of Trustee
Section 1009 - Beneficiary's Consent, Release or Ratification
Section 1010 - Limitation on Personal Liability of Trustee
Section 1011 - Interest as General Partner