South Carolina Statutes
§ 62-7-1008 — Exculpation of trustee.
South Carolina § 62-7-1008
JurisdictionSouth Carolina
Title 62SOUTH CAROLINA PROBATE CODE
Ch.ARTICLE 7 - SOUTH CAROLINA TRUST CODE
This text of South Carolina § 62-7-1008 (Exculpation of trustee.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.C. Code Ann. § 62-7-1008 (2026).
Text
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.
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Legislative History
HISTORY: 2005 Act No. 66, SECTION 1; 2013 Act No. 100, SECTION 2, eff January 1, 2014.
Nearby Sections
15
§ 62-1-100
Effective date.§ 62-1-101
Short title.§ 62-1-102
Purposes; rules of construction.§ 62-1-104
Severability.§ 62-1-105
Construction against implied repeal.§ 62-1-106
Effect of fraud and evasion.§ 62-1-107
Evidence as to death or status.§ 62-1-108
Acts by holder of general power.§ 62-1-111
Authority to award costs and expenses.§ 62-1-112
Inherent power of court.§ 62-1-201
General definitions.§ 62-1-301
Territorial application.Cite This Page — Counsel Stack
Bluebook (online)
South Carolina § 62-7-1008, Counsel Stack Legal Research, https://law.counselstack.com/statute/sc/62-7-1008.