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58a-1010

Chapter 58a.--KANSAS UNIFORM TRUST CODE Article 10.--LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE

58a-1010. Limitation on personal liability oftrustee.(a) Except as otherwise provided in the contract, a trustee is not personallyliable on a contract properly entered into in the trustee's fiduciary capacityin the course of administeringthetrust if the trustee in the contract disclosed the fiduciary capacity.

(b) A trustee is personally liable for torts committed in the course ofadministering atrust, or for obligations arising from ownership or control of trust property,including liability forviolation 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'sfiduciarycapacity, on an obligation arising from ownership or control of trust propertyor on a tort committedin the course of administering a trust, may be asserted in a judicialproceeding against the trustee inthe trustee's fiduciary capacity, whether or not the trustee is personallyliable for the claim.

History: L. 2002, ch. 133, § 85; Jan. 1, 2003.

State Codes and Statutes

Statutes > Kansas > Chapter58a > Article10 > Statutes_23147

58a-1010

Chapter 58a.--KANSAS UNIFORM TRUST CODE Article 10.--LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE

58a-1010. Limitation on personal liability oftrustee.(a) Except as otherwise provided in the contract, a trustee is not personallyliable on a contract properly entered into in the trustee's fiduciary capacityin the course of administeringthetrust if the trustee in the contract disclosed the fiduciary capacity.

(b) A trustee is personally liable for torts committed in the course ofadministering atrust, or for obligations arising from ownership or control of trust property,including liability forviolation 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'sfiduciarycapacity, on an obligation arising from ownership or control of trust propertyor on a tort committedin the course of administering a trust, may be asserted in a judicialproceeding against the trustee inthe trustee's fiduciary capacity, whether or not the trustee is personallyliable for the claim.

History: L. 2002, ch. 133, § 85; Jan. 1, 2003.

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State Codes and Statutes

Statutes > Kansas > Chapter58a > Article10 > Statutes_23147

58a-1010

Chapter 58a.--KANSAS UNIFORM TRUST CODE Article 10.--LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE

58a-1010. Limitation on personal liability oftrustee.(a) Except as otherwise provided in the contract, a trustee is not personallyliable on a contract properly entered into in the trustee's fiduciary capacityin the course of administeringthetrust if the trustee in the contract disclosed the fiduciary capacity.

(b) A trustee is personally liable for torts committed in the course ofadministering atrust, or for obligations arising from ownership or control of trust property,including liability forviolation 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'sfiduciarycapacity, on an obligation arising from ownership or control of trust propertyor on a tort committedin the course of administering a trust, may be asserted in a judicialproceeding against the trustee inthe trustee's fiduciary capacity, whether or not the trustee is personallyliable for the claim.

History: L. 2002, ch. 133, § 85; Jan. 1, 2003.