2016 Wyoming Code
TITLE 4 - TRUSTS
CHAPTER 10 - UNIFORM TRUST CODE
ARTICLE 10 - LIABILITY OF FIDUCIARIES AND RIGHTS OF PERSONS DEALING WITH FIDUCIARIES
SECTION 4-10-1008 - Exculpation of fiduciaries.
4-10-1008. Exculpation of fiduciaries.
(a) A term of a trust relieving a fiduciary of liability for breach of trust is unenforceable to the extent that it:
(i) Relieves the fiduciary 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
(ii) Was inserted as the result of an abuse by the fiduciary of a fiduciary or confidential relationship to the settlor.
(b) An exculpatory term drafted or caused to be drafted by the fiduciary is invalid as an abuse of a fiduciary or confidential relationship unless the fiduciary proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.
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