75-7-1008. Exculpation of trustee.
A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:
A term of a trust relieving a trustee of liability for breach of trust is 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 by the trustee or fiduciary without disclosure of its existence and contents.
Enacted by Chapter 89, 2004 General Session