{"data":{"id":"us-mn/minn.-stat.-501c.1008","jurisdiction":"us-mn","citation":"Minn. Stat. § 501C.1008","heading":"EXCULPATION OF TRUSTEE.","body":"(a) The terms of a trust relieving a trustee of liability for breach of trust is 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 is invalid as an abuse of a fiduciary or confidential relationship unless:\n(1) the settlor is represented by independent counsel with respect to the trust instrument containing the term; or\n(2) 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":["PROPERTY AND PROPERTY INTERESTS","CHAPTER 501C. TRUSTS","LIABILITY OF TRUSTEES AND RIGHTS OF PERSON DEALING WITH TRUSTEE"],"source_url":"https://www.revisor.mn.gov/statutes/cite/501C.1008","current_through":"2025 Minnesota Statutes","vintage":"","retrieved_at":"2026-09-02T22:10:48Z","sha256":"4e4e0962e7b3352f02fed60991b4c8733b09774b8028a140c55037ec8341161d","source_id":"us-mn","stale":false,"prev":"us-mn/minn.-stat.-501c.1007","next":"us-mn/minn.-stat.-501c.1009"},"notice":"GroundRules: Original legal text. Not legal advice."}