§ 1008

Exculpation of trustee\n(a) A term of a trust relieving a trustee of liability for breach of trust shall be unenforceable to the extent that it:\n(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\n(2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.\n(b) An exculpatory term drafted or caused to be drafted by the trustee may be invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that its existence and contents were adequately communicated to the settlor.