(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.
Structure West Virginia Code
Chapter 44D. Uniform Trust Code
Article 10. Liability of Trustees and Rights of Persons Dealing With Trustee
§44D-10-1001. Remedies for Breach of Trust
§44D-10-1002. Damages for Breach of Trust
§44D-10-1003. Damages in Absence of Breach
§44D-10-1004. Attorney's Fees and Costs
§44D-10-1005. Limitation of Action Against Trustee
§44D-10-1006. Reliance on Trust Instrument
§44D-10-1007. Event Affecting Administration or Distribution
§44D-10-1008. Exculpation of Trustee
§44D-10-1009. Beneficiary's Consent, Release or Ratification
§44D-10-1010. Limitation on Personal Liability of Trustee
§44D-10-1011. Interest as General Partner