General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS |
TITLE II. DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS |
CHAPTER 203E. MASSACHUSETTS UNIFORM TRUST CODE |
ARTICLE 10. LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE |
SECTION 1010. Limitation on personal liability of trustee dren, or, if none, parents, brothers and sisters, or, if none, heirs apparent or presumptive;
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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.