Code of Virginia § 64.2-801. Limitation on personal liability of trustee.
160 words·~1 min read·
/va/title-64-2/chapter-7/64-2-801A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Except as otherwise provided in the contract, a trustee is not 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 is 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.
2005, c. 935 , § 55-550.10; 2012, c. 614 .