CODE OF VIRGINIA

LIMITATION ON PERSONAL LIABILITY OF TRUSTEE (§ 64.2-801)

A. 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.

B. 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.

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.

HISTORY: 2005, c. 935, § 55-550.10; 2012, c. 614.