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


Latest version.
  • (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.)