{"data":{"id":"us-me/18-b-m.r.s.-1008","jurisdiction":"us-me","citation":"18-B M.R.S. §1008","heading":"Exculpation of trustee","body":"1.  Exculpation unenforceable.  A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:\nA.  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\nB.  Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.\n2.  Invalid; proof otherwise.  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 18-B: TRUSTS","PART 1: MAINE UNIFORM TRUST CODE","CHAPTER 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE"],"source_url":"https://legislature.maine.gov/statutes/18-B/title18-Bsec1008.html","current_through":"October 1, 2025","vintage":"","retrieved_at":"2026-09-04T15:12:29Z","sha256":"df89479c4711696b70fa75e6f39975f41fc4717c4ac24209dd870b52171f9fe2","source_id":"us-me","stale":false,"prev":"us-me/18-b-m.r.s.-1007","next":"us-me/18-b-m.r.s.-1009"},"notice":"GroundRules: Original legal text. Not legal advice."}