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Trustee Exculpation: Legal Insights by Roland Ramsay is a document available to read on EtoBox.
What is Trustee Exculpation: Legal Insights about?
1. Trustee exculpation clauses can exclude liability for negligence, gross negligence, and constructive fraud, but not actual fraud or dishonesty. 2. The term "wilful default" in exculpation clauses does not include lack of ordinary prudence, but its precise meaning is not entirely clear. 3. For professional trustees subject to fiduciary duties, courts apply more stringent standards and scrutiny to exculpation clauses than for lay trustees.
- Author
- Roland Ramsay
- Language
- EN