{"data":{"id":"us-va/va.-code-64.2-799","jurisdiction":"us-va","citation":"Va. Code § 64.2-799","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: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; or2. Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.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 existence and contents of the exculpatory term were adequately communicated to the settlor.2005, c. 935, § 55-550.08; 2012, c. 614.","path":["Title 64.2. WILLS, TRUSTS, AND FIDUCIARIES","Subtitle III. TRUSTS","Chapter 7. UNIFORM TRUST CODE","Article 10. LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE"],"source_url":"https://law.lis.virginia.gov/vacode/64.2-799/","current_through":"9/4/2026","vintage":"","retrieved_at":"2026-09-04T15:18:14Z","sha256":"170f4e6bf131cb5edd6ca4daa4d99e8ac934c59766405b2d0829216d27f6b7f6","source_id":"us-va","stale":true,"prev":"us-va/va.-code-64.2-798","next":"us-va/va.-code-64.2-800"},"notice":"GroundRules: Original legal text. Not legal advice."}