The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 14A V.S.A. § 1010)
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§ 1010. Limitation on personal liability of trustee
(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 making the contract disclosed the fiduciary
capacity. The addition of the phrase “trustee” or “as trustee” or a similar designation
to the signature of a trustee on a written contract is considered prima facie evidence
of a disclosure of 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. (Added 2009, No. 20, § 1.)