Arizona § 14-11008 Exculpation of trustee

Arizona Statutes

§ 14-11008 — Exculpation of trustee

Arizona § 14-11008

Title 14Arizona Revised Statutes

Ch. 11ARIZONA TRUST CODE

Art. 10Liability of Trustees and Rights of Persons Dealing with Trustees

This text of Arizona § 14-11008 (Exculpation of trustee) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 14-11008 (2026).

Text

A.A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it either:

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.

2.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 exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.

C.Subsection B does not apply to an irrevocable trust created before January

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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 either:

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.

2. 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 exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.

C. Subsection B does not apply to an irrevocable trust created before January 1, 2009 or to a revocable trust created before January 1, 2009 that is not amended on or after January 1, 2009.