Mississippi § 91-8-1008 - Exculpation of trustee.
Full text of Mississippi Mississippi Code of 1972 Annotated § 91-8-1008 — Exculpation of trustee., with citation guidance and answers to common questions.
§ 91-8-1008. Exculpation of trustee.
A provision of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it: 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 Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor. Except for provisions intended to provide protection for carrying out a stated purpose in the trust instrument, an exculpatory provision 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 provision is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.
Source: official Mississippi text · Last verified 2026-08-27
Frequently Asked Questions About Mississippi § 91-8-1008
What does Mississippi Code of 1972 Annotated § 91-8-1008 cover?
Section 91-8-1008 ("Exculpation of trustee.") is part of the Mississippi Code of 1972 Annotated, the codified statutory law of Mississippi. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Mississippi § 91-8-1008?
A common citation format is "Mississippi Code of 1972 Annotated § 91-8-1008" (Mississippi). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Mississippi law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Mississippi official source linked on this page or consult a licensed Mississippi attorney.
How does Mississippi § 91-8-1008 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Mississippi can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Mississippi.