{"data":{"id":"us-co/c.r.s.-15-5-1008","jurisdiction":"us-co","citation":"C.R.S. § 15-5-1008","heading":"Exculpation of trustee.","body":"(1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:\n\n(a) 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\n(b) Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.\n\n(2) 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 15 - PROBATE, TRUSTS, AND FIDUCIARIES","Article 5 - Colorado Uniform Trust Code","Part 10 - LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES"],"source_url":"https://olls.info/crs/crs2026-title-15.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"535fd1b4840bc52df8d842b3c0dd21978466464df4f128936cea383cab796d2f","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-15-5-1007","next":"us-co/c.r.s.-15-5-1009"},"notice":"GroundRules: Original legal text. Not legal advice."}