Sec. 7908.
(1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that either of the following applies:
(a) The term 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 trust beneficiaries.
(b) The term was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.
(2) The terms of a trust relieving a trustee of liability for breach of trust for the acquisition or retention of a particular asset or asset class or failure to diversify investments are enforceable.
History: Add. 2009, Act 46, Eff. Apr. 1, 2010 Popular Name: EPIC
Structure Michigan Compiled Laws
Chapter 700 - Estates and Protected Individuals Code
Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)
Article VII - Michigan Trust Code (700.7101...700.7913)
Section 700.7901 - Remedies for Breach of Trust.
Section 700.7902 - Breach of Trust; Liability; Damages.
Section 700.7903 - Damages in Absence of Breach.
Section 700.7905 - Commencement of Proceedings; Limitations.
Section 700.7906 - Reliance on Trust Instrument.
Section 700.7907 - Event Affecting Administration or Distribution.
Section 700.7908 - Exculpation of Trustee.
Section 700.7909 - Beneficiary's Consent, Release, or Ratification of Transaction.
Section 700.7910 - Personal Liability of Trustee; Limitation.
Section 700.7911 - Interest as General Partner.
Section 700.7912 - Protection of Person Dealing With Trustee.