ORS 130.835 UTC 1008. Exculpation of trustee

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

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

Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.

An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless:

The settlor is represented by an independent counsel who reviewed the term; or

The trustee proves that the exculpatory term is fair under the circumstances and that the term’s existence and contents were adequately communicated to the settlor.