§ 633A.4601 — Personal liability — limitations

Iowa § 633A.4601

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 633A: IOWA TRUST CODE

Text

1. Except as otherwise provided in the contract or in this part, a trustee is not personally
liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of
administration of the trust unless the trustee fails to reveal the representative capacity or
identify the trust in the contract.
2. A trustee is personally liable for obligations arising from ownership or control of trust
property, including liability for environmental law violations, and for torts committed in the
course of administering a trust only if the trustee is personally at fault.
3. A claim based on a contract entered into by a trustee in the trustee’s representative
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 against the trust by
proceeding against the trustee in the trustee’s representative capacity, whether or not the
trustee is personally liable on the claim.
4. Aquestionofliabilityasbetweenthetrustandthetrusteepersonallymaybedetermined
in a proceeding brought under section 633A.6202.