{"data":{"id":"us-pa/20-pa.c.s.-7788","jurisdiction":"us-pa","citation":"20 Pa.C.S. § 7788","heading":"Exculpation of trustee - UTC 1008.","body":"(a) When exculpatory provision unenforceable.--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) Exculpatory provision by trustee.--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 20 - DECEDENTS, ESTATES AND FIDUCIARIES","CHAPTER 77 TRUSTS","SUBCHAPTER I LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEES"],"source_url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM\u0026ttl=20\u0026div=0\u0026chpt=77\u0026sctn=88\u0026subsctn=0","current_through":"2026-03-18 (Statute Update stamp, 20 Pa.C.S.)","vintage":"","retrieved_at":"2026-09-02T16:31:33Z","sha256":"29cb9abfff623e74c2c7cd1c5aad3932572ae975fde0379fb5350bda863e0798","source_id":"us-pa","stale":false,"prev":"us-pa/20-pa.c.s.-7787","next":"us-pa/20-pa.c.s.-7789"},"notice":"GroundRules: Original legal text. Not legal advice."}