Massachusetts General Laws

Mass. Gen. Laws ch. 203C, § 2 (2026)

Trustees managing trust assets; duty to comply with prudent investor rule

✓ current as of July 2026

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Section 2. (a) Except as provided in subsection (b), a trustee who invests and manages trust assets shall owe a duty to the beneficiaries of a trust to comply with the prudent investor rule set forth in this chapter.

(b) The prudent investor rule may be expanded, restricted, eliminated or otherwise altered by the provisions of a trust. A trustee shall not be liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the provisions of the trust.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2014–2024 · leading case: In the Matter of the Colecchia Fam. Irrevocable Trust., 100 Mass. App. Ct. 504 (Mass. App. Ct. 2021).

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In the Matter of the Colecchia Fam. Irrevocable Trust., 100 Mass. App. Ct. 504 (Mass. App. Ct. 2021). “G. L. c. 203C, § 2. An "exculpatory clause" is a "term of a trust relieving a trustee of liability for breach of trust.”

The Woodward Sch. for Girls, Inc. v. City of Quincy, 13 N.E.3d 579 (Mass. 2014). “" G. L. c. 203C, § 2 (b). See Restatement (Second) of Trusts § 228 comment f (1959) (“By the terms of the trust the requirement of diversification may be dispensed with").”

In the Matter of the Trusts Under the Will of Helyn W. Kline (Mass. 2024). “14 See G. L. c. 203C, § 2 (a) ("a trustee who invests and manages trust assets shall owe a duty to the beneficiaries of the trust to comply with the prudent investor rule").”

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