{"data":{"id":"us-ky/krs-386b.10-080","jurisdiction":"us-ky","citation":"KRS 386B.10-080","heading":"Exculpation of trustee.","body":"(1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to\nthe extent that it:\n(a) Relieves the trustee of liability for breach of trust committed in bad faith or\nwith reckless indifference to the purposes of the trust or th e interests of the\nbeneficiaries; or\n(b) Was inserted as the result of an abuse by the trustee of a fiduciary or\nconfidential relationship to the settlor.\n(2) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an\nabuse of a fi duciary or confidential relationship unless the trustee proves that the\nexculpatory term is fair under the circumstances and that its existence and contents\nwere adequately communicated to the settlor. The requirements of this subsection\nare satisfied if t he settlor was represented by independent counsel at the time the\nexculpatory term was drafted or caused to be drafted.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43149","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:19Z","sha256":"8e20b265f0aeb60f7369f44604e654c66a23e195b8d4216e307be09c107f0e53","source_id":"us-ky","stale":false,"prev":"us-ky/krs-386b.10-070","next":"us-ky/krs-386b.10-090"},"notice":"GroundRules: Original legal text. Not legal advice."}