Maine § 18-B §1008 Exculpation of trustee

Maine Statutes

§ 18-B §1008 — Exculpation of trustee

Maine § 18-B §1008

Title 18-BTRUSTS

Part 1MAINE UNIFORM TRUST CODE

Ch. 10LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE

This text of Maine § 18-B §1008 (Exculpation of trustee) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 18-B, § 18-B §1008 (2026).

Text

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

2.Invalid; proof otherwise. 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.

Free access — add to your briefcase to read the full text and ask questions with AI

1.
Exculpation unenforceable.
A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:
2.
Invalid; proof otherwise.
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.