Haw. Rev. Stat. § 554D-1010

Current through Chapter 253 of the 2024 Legislative Session
Section 554D-1010 - Limitation on personal liability of trustee
(a) Except as otherwise provided in the contract, a trustee shall not be 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.
(b) A trustee shall be 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, regardless of whether the trustee is personally liable for the claim.
(d) Any judgment obtained against the trustee in the trustee's fiduciary capacity may be collected against the trust estate. The questions of liability as between the trust estate and the trustee personally may be determined in a proceeding for accounting, surcharge, or indemnification or other appropriate proceeding.

HRS § 554D-1010

Added by L 2021, c 32,§ 2, eff. 1/1/2022.