Section 19-3B-1001


Published: 2015

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Section 19-3B-1001

Section 19-3B-1001Remedies for breach of trust.

(a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.



(b) To remedy a breach of trust that has occurred or may occur, the court may:



(1) compel the trustee to perform the trustee's duties;



(2) enjoin the trustee from committing a breach of trust;



(3) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;



(4) order a trustee to account;



(5) appoint a special fiduciary to take possession of the trust property and administer the trust;



(6) suspend the trustee;



(7) remove the trustee as provided in Section 19-3B-706;



(8) reduce or deny compensation to the trustee;



(9) subject to Section 19-3B-1012, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or



(10) order any other appropriate relief.

(Act 2006-216, p. 314, §1.)