{"data":{"id":"us-dc/d.c.-code-19-1310.08","jurisdiction":"us-dc","citation":"D.C. Code § 19-1310.08","heading":"Exculpation of trustee.","body":"(a)\nA term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:\n(1)\nRelieves 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)\nWas inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.\n\n(b)\nAn 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. Descent, Distribution, and Trusts. [Enacted title]","Chapter 13. Uniform Trust Code.","Subchapter X. Liability of Trustees and Rights of Persons Dealing with Trustee."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/19-1310.08","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"92cc99fa69db7e89c4f7ff4178b2463be4ab9f772912b59410ab8ebac0484665","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-19-1310.07","next":"us-dc/d.c.-code-19-1310.09"},"notice":"GroundRules: Original legal text. Not legal advice."}