Article 59 - Limitation on Personal liability of Trustee

(1) 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.
(2) A Trustee is personally liable for torts committed in the course of administering a Trust, or for obligations arising from ownership or control of the Trust Property only if the Trustee is personally at fault.
(3) A claim based on a contract entered into by a Trustee in the Trustee's fiduciary capacity or an obligation arising from ownership or control of the 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'sfiduciary capacity, whether or not the Trustee is personally liable for the claim.
Amended (as from 24th December 2017).