Haw. Rev. Stat. § 554D-1008

Current through the 2024 Legislative Session

Section 554D-1008 - Exculpation of trustee

A term of a trust relieving a trustee of liability for breach of trust is 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 either a fiduciary or confidential relationship to the settlor.

HRS § 554D-1008

Added by L 2021, c 32,§ 2, eff. 1/1/2022.