New Jersey § 3b:31-77

§ 3b:31-77.

Exculpation of Trustee. a. A term of a trust relieving a trustee of liability for breach of trust is 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 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.