{"data":{"id":"us-or/ors-130.835","jurisdiction":"us-or","citation":"ORS 130.835","heading":"UTC 1008. Exculpation of trustee.","body":"(1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term:\n      (a) 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      (b) Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.\n      (2) 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      (a) The settlor is represented by an independent counsel who reviewed the term; or\n      (b) The trustee proves that the exculpatory term is fair under the circumstances and that the term’s existence and contents were adequately communicated to the settlor.","path":["03 - Landlord-Tenant, Domestic Relations, Probate","13. Protective Proceedings; Powers of Attorney; Trusts","Chapter 130 — Uniform Trust Code"],"source_url":"https://www.oregonlegislature.gov/bills_laws/ors/ors130.html","current_through":"2025 Edition","vintage":"","retrieved_at":"2026-09-03T23:50:11Z","sha256":"2b5c81da7020a4f3d29752a1e11579048dbf63c59cfaec5e9f7332eab8d66998","source_id":"us-or","stale":false,"prev":"us-or/ors-130.830","next":"us-or/ors-130.840"},"notice":"GroundRules: Original legal text. Not legal advice."}