Pennsylvania § 7788 - Exculpation of trustee - UTC 1008.
Full text of Pennsylvania Pennsylvania Consolidated Statutes § 7788 — Exculpation of trustee - UTC 1008., with citation guidance and answers to common questions.
§ 7788. Exculpation of trustee - UTC 1008.
(a) When exculpatory provision unenforceable.--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) Exculpatory provision by trustee.--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.
(July 15, 2024, P.L.786, No.64, eff. 90 days)
2024 Amendment. Act 64 amended subsec. (a) intro. par. See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code.
Cross References. Section 7788 is referred to in section 7705 of this title.
Source: official Pennsylvania text · Last verified 2026-08-27
Frequently Asked Questions About Pennsylvania § 7788
What does Pennsylvania Consolidated Statutes § 7788 cover?
Section 7788 ("Exculpation of trustee - UTC 1008.") is part of the Pennsylvania Consolidated Statutes, the codified statutory law of Pennsylvania. 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 Pennsylvania § 7788?
A common citation format is "Pennsylvania Consolidated Statutes § 7788" (Pennsylvania). 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 Pennsylvania law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Pennsylvania official source linked on this page or consult a licensed Pennsylvania attorney.
How does Pennsylvania § 7788 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Pennsylvania 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 Pennsylvania.