A provision of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:
Except for provisions intended to provide protection for carrying out a stated purpose in the trust instrument, an exculpatory provision drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory provision is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.
Structure Mississippi Code
Chapter 8 - Mississippi Uniform Trust Code
Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee
§ 91-8-1001. Remedies for breach of trust
§ 91-8-1002. Damages for breach of trust
§ 91-8-1003. Damages in absence of breach
§ 91-8-1004. Attorney's fees and costs
§ 91-8-1006. Reliance on trust instrument
§ 91-8-1007. Event affecting administration or distribution
§ 91-8-1008. Exculpation of trustee
§ 91-8-1009. Beneficiary's consent, release, or ratification
§ 91-8-1010. Limitation on personal liability of trustee
§ 91-8-1011. Interest as general partner
§ 91-8-1012. Protection of person dealing with trustee
§ 91-8-1013. Certification of trust
§ 91-8-1014. Enforcement of no-contest, in terrorem or forfeiture provisions