{"data":{"id":"us-wv/w.-va.-code-44d-10-1010","jurisdiction":"us-wv","citation":"W. Va. Code § 44D-10-1010","heading":"Limitation on personal liability of trustee.","body":"(a) 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.\n(b) 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.\n(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, whether or not the trustee is personally liable for the claim.","path":["CHAPTER 44D. UNIFORM TRUST CODE.","ARTICLE 10. LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE."],"source_url":"https://code.wvlegislature.gov/44D-10-1010/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:42Z","sha256":"a33f64259b087a8ed2166d04fef27cd96d90e9f3544718dad15914ab261a1e19","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-44d-10-1009","next":"us-wv/w.-va.-code-44d-10-1011"},"notice":"GroundRules: Original legal text. Not legal advice."}