{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-801.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-801.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-801.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-801.html"}],"law_id":81265,"edition_id":1,"section_id":81265,"structure_id":14530,"section_number":"64.2-801","catch_line":"Limitation on personal liability of trustee","history":"2005, c. 935, \u00a7 55-550.10; 2012, c. 614.","full_text":"A\n\nExcept 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.B\n\nA 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.C\n\nA 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.","order_by":null,"text":{"0":{"id":291280,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":291281,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":291282,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14530,"edition_id":1,"name":"Liability of Trustees and Rights of Persons Dealing With 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trustee","url":"\/64.2-803\/","token":"64.2\/III\/7\/10\/64.2-803","metadata":false},{"id":64879,"structure_id":14530,"section_number":"64.2-804","catch_line":"Certification of trust","url":"\/64.2-804\/","token":"64.2\/III\/7\/10\/64.2-804","metadata":false}],"previous_section":{"id":79308,"structure_id":14530,"section_number":"64.2-800","catch_line":"Beneficiary's consent, release, or ratification","url":"\/64.2-800\/","token":"64.2\/III\/7\/10\/64.2-800","metadata":false},"next_section":{"id":61556,"structure_id":14530,"section_number":"64.2-802","catch_line":"Interest as general partner","url":"\/64.2-802\/","token":"64.2\/III\/7\/10\/64.2-802","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-801\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 935<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":[{"id":86944,"section_number":"64.2-703","catch_line":"Default and mandatory rules","order_by":null,"url":"\/64.2-703\/"}],"refers_to":false,"permalink":{"id":274189,"object_type":"law","relational_id":81265,"identifier":"64.2-801","token":"64.2\/III\/7\/10\/64.2-801","url":"\/64.2-801\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-801\/","token":"64.2\/III\/7\/10\/64.2-801","dublin_core":{"Title":"Limitation on personal liability of trustee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-801","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in the contract<\/span>, a trustee<\/span> is not personally liable on a contract<\/span> properly entered into in the trustee<\/span>’s fiduciary<\/span> capacity in the course of administering the trust if the trustee<\/span> in the contract<\/span> disclosed the fiduciary<\/span> capacity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A trustee<\/span> is personally liable for torts<\/span> committed in the course of administering a trust, or for obligations arising from ownership or control of trust property<\/span>, including liability for violation of environmental law<\/span>, only if the trustee<\/span> is personally at fault. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A claim based on a contract<\/span> entered into by a trustee<\/span> in the trustee<\/span>’s fiduciary<\/span> capacity, on an obligation arising from ownership or control of trust property<\/span>, or on a tort<\/span> committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee<\/span> in the trustee<\/span>’s fiduciary<\/span> capacity, whether or not the trustee<\/span> is personally liable for the claim. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATION ON PERSONAL LIABILITY OF TRUSTEE (\u00a7 64.2-801)\n\nA. Except as otherwise provided in the contract, a trustee is not personally\nliable on a contract properly entered into in the trustee’s fiduciary\ncapacity in the course of administering the trust if the trustee in the contract\ndisclosed the fiduciary capacity.\n\nB. A trustee is personally liable for torts committed in the course of\nadministering a trust, or for obligations arising from ownership or control of\ntrust property, including liability for violation of environmental law, only if\nthe trustee is personally at fault.\n\nC. A claim based on a contract entered into by a trustee in the trustee’s\nfiduciary capacity, on an obligation arising from ownership or control of trust\nproperty, or on a tort committed in the course of administering a trust, may be\nasserted in a judicial proceeding against the trustee in the trustee’s\nfiduciary capacity, whether or not the trustee is personally liable for the\nclaim.\n\nHISTORY: 2005, c. 935, \u00a7 55-550.10; 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}