{"data":{"id":"us-vt/14a-v.s.a.-1008","jurisdiction":"us-vt","citation":"14A V.S.A. § 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 14A: Trusts","Chapter 010: Liability of Trustees and Rights of Persons Dealing with Trustee"],"source_url":"https://legislature.vermont.gov/statutes/section/14A/010/01008","current_through":"2025 session","vintage":"","retrieved_at":"2026-09-05T17:16:59Z","sha256":"ab1f130539b936963d62e666a6d65b9ea52ee84f5bdd84824e8b8c996e1ff780","source_id":"us-vt","stale":false,"prev":"us-vt/14a-v.s.a.-1007","next":"us-vt/14a-v.s.a.-1009"},"notice":"GroundRules: Original legal text. Not legal advice."}