Alabama § 19-3B-1008 Exculpation of Trustee

Alabama Statutes

§ 19-3B-1008 — Exculpation of Trustee

Alabama § 19-3B-1008

Title 19Fiduciaries and Trusts

Ch. 3BAlabama Uniform Trust Code

This text of Alabama § 19-3B-1008 (Exculpation of Trustee) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 19-3B-1008 (2026).

Text

(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; or

(2)was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.

(b)Except for terms intended to provide protection for carrying out a stated trust purpose, 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 se

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(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; or
(2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.
(b) Except for terms intended to provide protection for carrying out a stated trust purpose, 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.