{"data":{"id":"us-al/ala.-code-19-3b-1008","jurisdiction":"us-al","citation":"Ala. Code § 19-3B-1008","heading":"Exculpation of Trustee.","body":"(a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:\n(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\n(2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.\n(b) Except for terms intended to provide protection for carrying out a stated trust purpose, an exculpatory term 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 term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.","path":["Title 19 Fiduciaries and Trusts.","Chapter 3B Alabama Uniform Trust Code."],"source_url":"https://alison.legislature.state.al.us/code-of-alabama?section=19-3B-1008","current_through":"Act 2026-611","vintage":"","retrieved_at":"2026-09-03T14:01:52Z","sha256":"67ead8d49269d8c22f8b89b34e30e06641e24296c0f52d486580a04b301cadce","source_id":"us-al","stale":false,"prev":"us-al/ala.-code-19-3b-1007","next":"us-al/ala.-code-19-3b-1009"},"notice":"GroundRules: Original legal text. Not legal advice."}