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(a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term relieves a trustee of liability for:
(1) a breach of trust committed:
(A) in bad faith;
(B) intentionally; or
(C) with reckless indifference to the interest of a beneficiary; or
(2) any profit derived by the trustee from a breach of trust.
(b) A term in a trust instrument relieving the trustee of liability for a breach of trust is ineffective to the extent that the term is inserted in the trust instrument as a result of an abuse by the trustee of a fiduciary duty to or confidential relationship with the settlor.
(c) This section applies only to a term of a trust that may otherwise relieve a trustee from liability for a breach of trust. Except as provided in Section 111.0035, this section does not prohibit the settlor, by the terms of the trust, from expressly:
(1) relieving the trustee from a duty or restriction imposed by this subtitle or by common law; or
(2) directing or permitting the trustee to do or not to do an action that would otherwise violate a duty or restriction imposed by this subtitle or by common law.
Cite this article: FindLaw.com - Texas Property Code - PROP § 114.007. Exculpation of Trustee - last updated April 14, 2021 | https://codes.findlaw.com/tx/property-code/prop-sect-114-007/
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