7788 - Exculpation of trustee - UTC 1008.

     § 7788.  Exculpation of trustee - UTC 1008.        (a)  When exculpatory provision unenforceable.--A provision     of a trust instrument 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 a fiduciary or confidential relationship to the        settlor.        (b)  Exculpatory provision by trustee.--An exculpatory term     drafted or caused to be drafted by the trustee is invalid as an     abuse of a fiduciary or confidential relationship unless the     trustee proves that the exculpatory term is fair under the     circumstances and that its existence and contents were     adequately communicated to the settlor.