§ 633F.12 — Liability to third person

Iowa § 633F.12

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 633F: IOWA UNIFORM CUSTODIAL TRUST ACT

Text

1. A claim based on a contract entered into by a custodial trustee acting in a fiduciary
capacity, an obligation arising from the ownership or control of custodial trust property, or a
tort committed in the course of administering the custodial trust, may be asserted by a third
person against the custodial trust property by proceeding against the custodial trustee in a
fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.
2. A custodial trustee is not personally liable to a third person for any of the following:
a. On a contract properly entered into in a fiduciary capacity unless the custodial trustee
fails to reveal that capacity or to identify the custodial trust in the contract.
b. Foranobligationarisingfromcontrolofcustodialtrustpropertyorforatortcommitted
in the course of the administration of the custodial trust unless the custodial trustee is
personally at fault.
3. A beneficiary is not personally liable to a third person for an obligation arising from
beneficial ownership of custodial trust property or for a tort committed in the course of
administration of the custodial trust unless the beneficiary is personally in possession of the
custodial trust property giving rise to the liability or is personally at fault.
4. Subsections 2 and 3 do not preclude actions or proceedings to establish liability of the
custodial trustee or beneficiary to the extent the person sued is protected as the insured by
liability insurance.