§ 59-18-10 — (1010) Limitation on personal liability of trustee

North Dakota § 59-18-10

• Jurisdiction: North Dakota
• Title 59: Trusts, Uses, and Powers
• Ch. 59-18: Trustee Liability and Dealings

Text

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.
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 a 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 trust property, including liability
for violation of environmental law, 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,
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.
4. Whenever a trust instrument reserves to the settlor, or vests in an advisory or
investment committee, or in any other person, including one or more cotrustees to the
exclusion of the trustee or to the exclusion of one or more of several trustees, authority
to direct the making or retention of any investment, the excluded trustee or trustees
are not liable, either individually or as a fiduciary, for any loss resulting from the making
or retention of any investment pursuant to such direction.
5. In the absence of actual knowledge or information that would cause a reasonable
trustee to inquire further, a trustee may not be held liable for failure to take necessary
steps to compel the redress of any breach of trust or fiduciary duty by any predecessor

personal representative, trustee, or other fiduciary. This section may not be construed
to limit the fiduciary liability of any trustee for the acts or omissions of the trustee with
respect to the trust estate.