59-18-10. (1010) Limitation on personal liability of trustee

59-18-10. (1010) Limitation on personal liability of trustee

1. 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.

The addition of the phrase "trustee" or "as trustee" or a similar designation to the

signature of a trustee on a written contract is considered prima facie evidence of a

disclosure of a fiduciary capacity.

2. 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.

3. 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.

4. Whenever a trust instrument reserves to the settlor, or vests in an advisory or

investment committee, or in any other person, including one or more cotrustees to the

exclusion of the trustee or to the exclusion of one or more of several trustees, authority

to direct the making or retention of any investment, the excluded trustee or trustees

are not liable, either individually or as a fiduciary, for any loss resulting from the making

or retention of any investment pursuant to such direction.

5. In the absence of actual knowledge or information that would cause a reasonable

trustee to inquire further, a trustee may not be held liable for failure to take necessary

steps to compel the redress of any breach of trust or fiduciary duty by any predecessor

personal representative, trustee, or other fiduciary. This section may not be construed

to limit the fiduciary liability of any trustee for the acts or omissions of the trustee with

respect to the trust estate.