Section 203E:1008 - Exculpation of trustee(a) A term of a trust relieving a trustee of liability for breach of trust shall be unenforceable to the extent that it: (1) 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(2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.(b) An exculpatory term drafted or caused to be drafted by the trustee may be invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that its existence and contents were adequately communicated to the settlor.Mass. Gen. Laws ch. 203E, § 1008
Added by Acts 2012, c. 140,§ 56, eff. 7/8/2012.