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Utah Code § 75B-2-1008

Exculpation of trustee

Renumbered and Amended by Chapter 310, 2025 General Session

A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term:

(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 by the trustee or fiduciary without disclosure of its existence and contents.

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