Mass. General Laws c.203E § 1008

Exculpation of trustee

This is an unofficial version of a Massachusetts General Law.

Section 1008

(a)

A term of a trust relieving a trustee of liability for breach of trust shall be 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 as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.

(b)

An exculpatory term drafted or caused to be drafted by the trustee may be invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that its existence and contents were adequately communicated to the settlor.