456.10-1010. Limitation on personal liability of trustee. - Missouri Statutes

Limitation on personal liability of trustee.

456.10-1010. 1. Except as otherwise provided in the contract, atrustee is not personally liable on a contract properly entered into in thetrustee's fiduciary capacity in the course of administering the trust ifthe trustee in the contract disclosed the fiduciary capacity.

2. A trustee is personally liable for torts committed in the courseof administering a trust, or for obligations arising from ownership orcontrol of trust property, including liability for violation ofenvironmental law, only if the trustee is personally at fault.

3. A claim based on a contract entered into by a trustee in thetrustee's fiduciary capacity, on an obligation arising from ownership orcontrol of trust property, or on a tort committed in the course ofadministering a trust, may be asserted in a judicial proceeding against thetrustee in the trustee's fiduciary capacity, whether or not the trustee ispersonally liable for the claim.

(L. 2004 H.B. 1511)

Effective 1-01-05