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      RS 9:2206     

  

§2206.  Relief from liability by trust instrument

A.  The trust instrument may relieve the trustee from liability, except as provided in Sub-sections B and C of this section.  

B.  A provision in the trust instrument is not effective to relieve the trustee from liability for breach of the duty of loyalty to a beneficiary or for breach of trust committed in bad faith.  

C.  A provision in the trust instrument is not effective to relieve the trustee from liability if it is inserted as a result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.  



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