Maine Statutes
§ 18-B §1008 — Exculpation of trustee
Maine·Title 18-B TRUSTS·Part 1 MAINE UNIFORM TRUST CODE·Ch. 10 LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE
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.
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Legislative History
PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
Nearby Sections
15
§ 18 §1
By whom and how made§ 18 §1001
Rules of descent§ 18 §1002
Degrees of kindred§ 18 §1004
Posthumous child takes intestate share§ 18 §1005
Child or issue may have intestate share§ 18 §1006
Contribution to loss by devisee§ 18 §1008
Rights of heirs of deceased devisees§ 18 §102
Petition for probate; notice§ 18 §103
Competency of witnesses§ 18 §104
Depositions