Section 1010: Limitation on personal liability of trustee
160 words·~1 min read·
/ma/part-ii/title-ii/chapter-203e/1010·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1010. Limitation on personal liability of trustee
(a)Except as otherwise provided in the contract, a trustee shall not be personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee, in the contract, disclosed the fiduciary capacity.
(b)A trustee shall be personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.
(c)A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.