Exculpation of trustee

S.C. Code Ann. § 62-7-1008, under Title 62, Chapter 7.

S.C. Code Ann. § 62-7-1008

A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it: (a) 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 (b) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.