Mass. Gen. Laws » Part II Title II Chapter 203E
Massachusetts General Laws

Mass. Gen. Laws ch. 203E, § 1008 (2026)

Exculpation of trustee

✓ current as of July 2026
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Section 1008. Exculpation of trustee

(a) A term of a trust relieving a trustee of liability for breach of trust shall be 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) An exculpatory term drafted or caused to be drafted by the trustee may be invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that its existence and contents were adequately communicated to the settlor.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · 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). · cites it 3× “mitted a breach of their duty of care when they failed to invest the sale proceeds in a suitable interest-bearing account and thus did not comply with the prudent investor rule, where, in light of this court's construction of a section of the trust as shielding the trustees from…”
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