Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 564-B:10-1010 · Limitation on Personal Liability of Trustee

Title
LVI: PROBATE COURTS AND DECEDENTS' ESTATES
Chapter
564-B · NEW HAMPSHIRE TRUST CODE
Status
current
Official source linked
Yes
Official source Copy section link

564-B:10-1010 Limitation on Personal Liability of Trustee. –

Copy link
(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.

Copy link
(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.

Copy link
(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. Source. 2004, 130:1, eff. Oct. 1, 2004.

Copy link

Source note

Source. 2004, 130:1, eff. Oct. 1, 2004.

Source history

  • 2004, 130:1, eff. Oct. 1, 2004

Related materials

Bill relationships

  • 2025 HB88 amend

    housand Twenty Five AN ACT establishing community property trusts. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Article; Article 13 Community Property Trusts. Amend RSA 564-B by inserting after article 12 the following new article: Article 13 Community Property Trusts 564-B:13-1301 Short Title. This article shall be known as the "New Hampshire Community Property Trust Act of 2026."