Mass. Gen. Laws ch. 203E § 1010

Current through Chapter 231 of the 2024
Section 203E:1010 - Limitation on personal liability of trustee
(a) Except as otherwise provided in the contract, a trustee shall not be 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 shall be 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.

Mass. Gen. Laws ch. 203E, § 1010

Added by Acts 2012, c. 140,§ 56, eff. 7/8/2012.