Texas Property Code

§ 114.007 — EXCULPATION OF TRUSTEE

PR § 114.007Title 9. TRUSTS · Part B. TEXAS TRUST CODE: CREATION, OPERATION, AND TERMINATION OF TRUSTS · Ch. 114. LIABILITIES, RIGHTS, AND REMEDIES OF TRUSTEES, BENEFICIARIES, AND THIRD PERSONS · Art. A. LIABILITY OF TRUSTEE

Statute text

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(a)A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term relieves a trustee of liability for:

(1)a breach of trust committed:

(A)in bad faith;

(B)intentionally; or

(C)with reckless indifference to the interest of a beneficiary; or

(2)any profit derived by the trustee from a breach of trust.

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Legislative history

Added by Acts 2005, 79th Leg., Ch. 148 (H.B. 1190), Sec. 21, eff. January 1, 2006.