{"data":{"id":"us-nh/rsa-564-b-10-1008","jurisdiction":"us-nh","citation":"RSA 564-B:10-1008","heading":"Exculpation of Trustee.","body":"(a) A term 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 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 LVI: PROBATE COURTS AND DECEDENTS' ESTATES","Chapter ARTICLE 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE"],"source_url":"https://gc.nh.gov/rsa/html/LVI/564-B/564-B-10-1008.htm","current_through":"2025 regular legislative session, or December 2025","vintage":"","retrieved_at":"2026-09-05T17:07:35Z","sha256":"ab1f130539b936963d62e666a6d65b9ea52ee84f5bdd84824e8b8c996e1ff780","source_id":"us-nh","stale":false,"prev":"us-nh/rsa-564-b-10-1007","next":"us-nh/rsa-564-b-10-1009"},"notice":"GroundRules: Original legal text. Not legal advice."}