{"data":{"id":"us-ma/mass.-gen.-laws-ch.-203e-1008","jurisdiction":"us-ma","citation":"Mass. Gen. Laws ch. 203E, § 1008","heading":"Exculpation of trustee","body":"Section 1008. Exculpation of trustee\n(a) A term of a trust relieving a trustee of liability for breach of trust shall be 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) 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.","path":["Part II","Title II","Chapter 203E"],"source_url":"https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter203E/Section1008","current_through":"amendments passed before May 31, 2026","vintage":"","retrieved_at":"2026-09-17T05:24:35Z","sha256":"d3ac8a8ed14e763ea1ac2eca18262fe6ef2bad8a832061ce154b8915110ff94f","source_id":"us-ma","stale":false,"prev":"us-ma/mass.-gen.-laws-ch.-203e-1007","next":"us-ma/mass.-gen.-laws-ch.-203e-1009"},"notice":"GroundRules: Original legal text. Not legal advice."}