§ 19–1310.10. Limitation on personal liability of trustee.

DC Code § 19–1310.10 (2019) (N/A)
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(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.

(Mar. 10, 2004, D.C. Law 15-104, § 2(b), 51 DCR 208.)

This section is referenced in § 19-1301.05.

Uniform Law: This section is based upon § 1010 of the Uniform Trust Code.