Advertising with us can place you in front of thousands of visitors a day. Learn more!
- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 60. Uniform Custodial Trust Act
- Section 110. Liability to Third Person.
previous: Section 100
. Exemption of Third Person From Liability.
next: Section 120
. Declination, Resignation, Incapacity, Death, or Removal of Custodial Trustee; Designation of Successor Custodial Trustee.
AS 13.60.110. Liability to Third Person.
- (a) 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
- (b) A custodial trustee is not personally liable to a third person
- (1) 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; or
- (2) for an obligation arising from control of custodial trust property or for a tort committed in the course of the
administration of the custodial trust unless the custodial trustee is personally at fault.
- (c) 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
- (d) The provisions of (b) and (c) of this section 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.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.