Mass. Gen. Laws ch. 203E § 1008 : REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS — DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS — MASSACHUSETTS UNIFORM TRUST CODE — LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE — Exculpation of trustee TEXT PDF (a) A term of a trust relieving a trustee of liability for breach of trust shall be 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 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. Mass. Gen. Laws ch. 203E, § 1008 Added by Acts 2012, c. 140,§ 56, eff. 7/8/2012.