2017 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 7 - Utah Uniform Trust Code
Part 10 - Liability of Trustees and Rights of Persons Dealing with Trustee
Section 1008 - Exculpation of trustee.

Universal Citation: UT Code § 75-7-1008 (2017)
75-7-1008. Exculpation of trustee.
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 by the trustee or fiduciary without disclosure of its existence and contents.


Enacted by Chapter 89, 2004 General Session
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