S.C. Code § 62-7-1008

Current through 2024 Act No. 209.

Section 62-7-1008 - Exculpation of trustee

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

(b) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.

S.C. Code § 62-7-1008

Amended by 2013 S.C. Acts, Act No. 100 (SB 143), s 2, eff. 1/1/2014.

2005 Act No. 66, Section 1.