58a-1010. Limitation on personal liability of trustee. (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.
History: L. 2002, ch. 133, ยง 85; Jan. 1, 2003.
Structure Kansas Statutes
Chapter 58a - Kansas Uniform Trust Code
Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee
58a-1001 Remedies for breach of trust.
58a-1002 Damages for breach of trust.
58a-1003 Damages in absence of breach.
58a-1004 Attorney fees and costs.
58a-1005 Limitation of action against trustee.
58a-1006 Reliance on trust instrument.
58a-1007 Event affecting administration or distribution.
58a-1008 Exculpation of trustee.
58a-1009 Beneficiary's consent, release, or ratification.
58a-1010 Limitation on personal liability of trustee.
58a-1011 Interest as general partner.