{"data":{"id":"us-nm/46a-10-1008","jurisdiction":"us-nm","citation":"46A-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.\nB. 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":["Chapter 46A - Uniform Trust Code","ARTICLE 10 Liability of Trustees and Rights of Persons Dealing with Trustees"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18548/index.do","current_through":"2024-04-26","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"52be351d9ba20bbf20939c3f6174a95e7c5a4a59b47422fee5ec3bc06a49cc39","source_id":"us-nm","stale":false,"prev":"us-nm/46a-10-1007","next":"us-nm/46a-10-1009"},"notice":"GroundRules: Original legal text. Not legal advice."}