Colorado § 15-5-1008 Exculpation of trustee

Colorado Statutes

§ 15-5-1008 — Exculpation of trustee

Colorado § 15-5-1008

Title 15Probate,

Art.Colorado Uniform Trust Code

This text of Colorado § 15-5-1008 (Exculpation of trustee) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 15-5-1008 (2026).

Text

(1)A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:

(a)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

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

(2)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.

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(1) A term of a trust relieving a trustee of
liability for breach of trust is unenforceable to the extent that it:

(a) 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

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

(2) 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.