(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.
Structure District of Columbia Code
Title 19 - Descent, Distribution, and Trusts. [Enacted title]
Chapter 13 - Uniform Trust Code
Subchapter X - Liability of Trustees and Rights of Persons Dealing with Trustee
§ 19–1310.01. Remedies for breach of trust
§ 19–1310.02. Damages for breach of trust
§ 19–1310.03. Damages in absence of breach
§ 19–1310.04. Attorney’s fees and costs
§ 19–1310.05. Limitation of action against trustee
§ 19–1310.06. Reliance on trust instrument
§ 19–1310.07. Event affecting administration or distribution
§ 19–1310.08. Exculpation of trustee
§ 19–1310.09. Beneficiary’s consent, release, or ratification
§ 19–1310.10. Limitation on personal liability of trustee
§ 19–1310.11. Interest as general partner