Me. Rev. Stat. » Title 18-B
Maine Revised Statutes

Me. Rev. Stat. tit. 18-B, § 1008 (2026)

Exculpation of trustee

✓ current as of May 2026
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1.  Exculpation unenforceable.  A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:  
A. 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   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
B. Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
2.  Invalid; proof otherwise.  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.  
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
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Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2015–2023 · leading case: Poor v. Lindell (Me. Super. Ct 2023).
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Poor v. Lindell (Me. Super. Ct 2023). · cites it 3× “01 (2017) (“18-B M.R.S. § 1008 gives the first formal statutory approval in Maine to exoneration or exculpatory clauses, but it circumscribes their use and specifies acts which cause such clauses to be unenforceable.”
Martin v. Harris (Me. Super. Ct 2015). “18-B M.R.S. § 1008(l)(A). Furthermore "exculpatory clauses are not favored by the law and are strictly construed against the benefited party.”
— Me. Rev. Stat. tit. 18-B, § 1008(1)(A) — 1 case
Poor v. Lindell (Me. Super. Ct 2023). “01 (2017) (“18-B M.R.S. § 1008 gives the first formal statutory approval in Maine to exoneration or exculpatory clauses, but it circumscribes their use and specifies acts which cause such clauses to be unenforceable.”
— Me. Rev. Stat. tit. 18-B, § 1008(1)(B) — 1 case
Poor v. Lindell (Me. Super. Ct 2023). “01 (2017) (“18-B M.R.S. § 1008 gives the first formal statutory approval in Maine to exoneration or exculpatory clauses, but it circumscribes their use and specifies acts which cause such clauses to be unenforceable.”
— Me. Rev. Stat. tit. 18-B, § 1008(l)(A) — 1 case
Martin v. Harris (Me. Super. Ct 2015). “18-B M.R.S. § 1008(l)(A). Furthermore "exculpatory clauses are not favored by the law and are strictly construed against the benefited party.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.