2005 Montana Code Annotated - 72-34-512 — Exculpation of trustee.

     72-34-512. Exculpation of trustee. (1) Except as provided in subsection (2), the trustee can be relieved of liability for breach of trust by provisions in the trust instrument.
     (2) A provision in the trust instrument is not effective to relieve the trustee of liability:
     (a) for breach of trust committed intentionally, with gross negligence, or with reckless indifference to the interest of the beneficiary; or
     (b) for any profit that the trustee derives from a breach of trust.

     History: En. Sec. 160, Ch. 685, L. 1989.