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Haw. Rev. Stat. § 554D-1008

Exculpation of trustee

Known as the Uniform Trust Code

The act spans §§ 554–554 (99 sections).

L 2021, c 32, pt of §2

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.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.