36C-10-1008. Exculpation of trustee.
A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it 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. (2005-192, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 36C - North Carolina Uniform Trust Code
Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustees.
§ 36C-10-1001 - Remedies for breach of trust.
§ 36C-10-1002 - Damages for breach of trust.
§ 36C-10-1003 - Liability in absence of breach.
§ 36C-10-1004 - Attorneys' fees and costs.
§ 36C-10-1005 - Limitation of action against trustee.
§ 36C-10-1006 - Reliance on trust instrument.
§ 36C-10-1007 - Event affecting administration or distribution.
§ 36C-10-1008 - Exculpation of trustee.
§ 36C-10-1009 - Beneficiary's consent, release, or ratification.
§ 36C-10-1010 - Limitation on personal liability of trustee.
§ 36C-10-1011 - Interest as general partner.