2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 77 - Trusts
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.