(a) A trustee who has incurred personal liability for a tort committed in the administration of the trust is entitled to exoneration for the liability from the trust property if the trustee has not discharged the claim, or to reimbursement for the liability out of trust funds if the trustee has paid the claim, if the trustee or an officer or employee of the trustee was not guilty of personal fault in incurring the liability.
(b) If a trustee has incurred personal liability for a tort committed in the administration of the trust and that tort increases the value of the trust property, the trustee is entitled to exoneration or reimbursement to the extent of the increase in value as a result of the tort even though the trustee would not otherwise be entitled to exoneration or reimbursement.
(c) Nothing in this section shall be construed to change the existing law with regard to the liability of trustees of charitable trusts for torts of the trustees or their employees.
Structure Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 36. Trust Administration
Sec. 13.36.070. General duty not limited.
Sec. 13.36.071. Accepting or rejecting trusteeship.
Sec. 13.36.073. Vacancy in trusteeship; appointment of successor.
Sec. 13.36.074. Resignation of trustee.
Sec. 13.36.076. Removal of trustee.
Sec. 13.36.077. Delivery of property by former trustee.
Sec. 13.36.078. Reimbursement of expenses.
Sec. 13.36.079. Certification of trust; penalty.
Sec. 13.36.080. Duty to inform and account to beneficiaries.
Sec. 13.36.090. Trustee's duty; appropriate place of administration; deviation.
Sec. 13.36.095. Personal liability of trustee to third parties.
Sec. 13.36.100. Limitations on proceedings against trustees.
Sec. 13.36.105. Powers attached to the office of trustee.
Sec. 13.36.107. General powers.
Sec. 13.36.109. Specific powers of trustees.
Sec. 13.36.110. Liability of trustee relating to exercise of power.
Sec. 13.36.120. Voting of corporate stock owned by trustee.
Sec. 13.36.125. Creation of trust bank account to pay special debts.
Sec. 13.36.130. Failure of beneficiary to present claim for payment.
Sec. 13.36.135. Holding stock in name of nominee.
Sec. 13.36.140. Loan of trust funds.
Sec. 13.36.145. Corporate trustee depositing trust funds with itself.
Sec. 13.36.150. Trustee leasing, buying, or selling to or from itself or a related person.
Sec. 13.36.153. Restrictions on exercising certain trustee powers.
Sec. 13.36.155. Permitted sales between trusts held by same corporate trustee.
Sec. 13.36.157. Exercise of power of appointment.
Sec. 13.36.158. Additional provisions relating to exercise of a power of appointment.
Sec. 13.36.159. Implementation of power of appointment.
Sec. 13.36.160. Corporate trustee buying its own or an affiliate's securities.
Sec. 13.36.165. Withdrawals from mingled trust funds.
Sec. 13.36.170. Unenforceable oral trust created by deed.
Sec. 13.36.175. Action on contract against trustee in representative capacity.
Sec. 13.36.180. Exoneration or reimbursement for tort.
Sec. 13.36.185. Tort liability of trust.
Sec. 13.36.190. Personal liability for tort committed by trustee.
Sec. 13.36.192. Power of settlor of trust.
Sec. 13.36.194. Power of beneficiary of trust.
Sec. 13.36.196. Relieving trustee of duties, restrictions, and liability; power of the court.