South Carolina Code 62-7-1008. Exculpation of trustee
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A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:
(a) 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
Terms Used In South Carolina Code 62-7-1008
- Fiduciary: A trustee, executor, or administrator.
- Trustee: A person or institution holding and administering property in trust.
(b) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.