Vermont § 1008 - Exculpation of trustee

§ 1008. 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. (Added 2009, No. 20, § 1.)