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

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Terms Used In Utah Code 75-7-1008

  • Fiduciary: A trustee, executor, or administrator.
  • Trustee: A person or institution holding and administering property in trust.
(2)  was inserted by the trustee or fiduciary without disclosure of its existence and contents.

Enacted by Chapter 89, 2004 General Session