(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(2) To remedy a breach of trust that has occurred or may occur, the court may:
Compel the trustee to perform the trustee's duties;
Enjoin the trustee from committing a breach of trust;
Compel the trustee to redress a breach of trust by paying money, restoring property,being surcharged or sanctioned, or other means;
Order a trustee to account, provide a status or financial report, or provide an inventory;
Appoint a special fiduciary to take possession of the trust property and administer thetrust;
Restrain, restrict, or suspend the trustee;
Remove the trustee as provided in section 15-5-706;
Reduce or deny compensation to the trustee or require the trustee to disgorge compensation previously paid;
Subject to section 15-5-1012, void an act of the trustee, impose a lien or constructivetrust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or
Order other appropriate relief.
(3) If a remedy for a breach of trust is sought by a cotrustee, beneficiary, or interested person, or the court acts sua sponte, the provisions of part 5 of article 10 of this title 15 apply.
Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1183, § 1, effective January 1, 2019.