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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 36. Trust Administration
- Section 180. Exoneration or Reimbursement For Tort.
previous: Section 175
. Action On Contract Against Trustee in Representative Capacity.
next: Section 185
. Tort Liability of Trust.
AS 13.36.180. Exoneration or Reimbursement For Tort.
- (a) A trustee who has incurred personal liability for a tort committed in the administration of the trust is entitled to
exoneration for the liability from the trust property if the trustee has not discharged the claim, or to reimbursement
for the liability out of trust funds if the trustee has paid the claim, if the trustee or an officer or employee of the
trustee was not guilty of personal fault in incurring the liability.
- (b) If a trustee has incurred personal liability for a tort committed in the administration of the trust and that tort
increases the value of the trust property, the trustee is entitled to exoneration or reimbursement to the extent of the
increase in value as a result of the tort even though the trustee would not otherwise be entitled to exoneration or
- (c) Nothing in this section shall be construed to change the existing law with regard to the liability of trustees of
charitable trusts for torts of the trustees or their employees.
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