State Codes and Statutes
Statutes > Montana > 72 > 72_34 > 72_34_5 > 72-34-512
72-34-512. Exculpation of trustee. (1) Except as provided in subsection (2), the trustee can be relieved of liability for breach of trust by provisions in the trust instrument.
(2) A provision in the trust instrument is not effective to relieve the trustee of liability:
(a) for breach of trust committed intentionally, with gross negligence, or with reckless indifference to the interest of the beneficiary; or
(b) for any profit that the trustee derives from a breach of trust.
History: En. Sec. 160, Ch. 685, L. 1989.
