North Dakota § 59-18-08 (1008) Exculpation of trustee

North Dakota Statutes

§ 59-18-08 — (1008) Exculpation of trustee

North Dakota § 59-18-08

Title 59Trusts, Uses, and Powers

Ch. 59-18Trustee Liability and Dealings

This text of North Dakota § 59-18-08 ((1008) Exculpation of trustee) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 59-18-08 (2026).

Text

1.A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.

2.Unless the settlor was represented by an attorney not employed by the trustee with respect to the trust containing the exculpatory term, 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 th

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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 the term relieves the trustee of liability for breach of trust committed in bad
faith or with reckless indifference to the purposes of the trust or was inserted as the
result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.
2. Unless the settlor was represented by an attorney not employed by the trustee with
respect to the trust containing the exculpatory term, 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.