4-10-1008. Exculpation of fiduciaries.
(a) A term of a trust relieving a fiduciary of liability for breach of trust is unenforceable to the extent that it:
(i) Relieves the fiduciary 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
(ii) Was inserted as the result of an abuse by the fiduciary of a fiduciary or confidential relationship to the settlor.
(b) An exculpatory term drafted or caused to be drafted by the fiduciary is invalid as an abuse of a fiduciary or confidential relationship unless the fiduciary proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.
Structure Wyoming Statutes
Chapter 10 - Uniform Trust Code
Article 10 - Liability of Fiduciaries and Rights of Persons Dealing With Fiduciaries
Section 4-10-1001 - Remedies for Breach of Trust.
Section 4-10-1002 - Damages for Breach of Trust.
Section 4-10-1003 - Damages in Absence of Breach.
Section 4-10-1004 - Attorney's Fees and Costs.
Section 4-10-1005 - Limitation of Action Against Fiduciary.
Section 4-10-1006 - Reliance on Trust Instrument.
Section 4-10-1007 - Event Affecting Administration or Distribution.
Section 4-10-1008 - Exculpation of Fiduciaries.
Section 4-10-1009 - Beneficiary's Consent, Release or Ratification.
Section 4-10-1010 - Limitation on Personal Liability of Fiduciary.
Section 4-10-1011 - Liability of Successor Fiduciaries for Actions of Predecessor.
Section 4-10-1012 - Interest of Trustee as General Partner.
Section 4-10-1013 - Protection of Person Dealing With Fiduciary.