Remedies for breach of trust

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

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

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

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

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

    4. (4) order a trustee to account;

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

    6. (6) suspend the trustee;

    7. (7) remove the trustee as provided in § 28-73-706;

    8. (8) reduce or deny compensation to the trustee;

    9. (9) subject to § 28-73-1012, 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. (10) order any other appropriate relief.


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