Remedies for breach of trust

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

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 91-8-706;
  8. Reduce or deny compensation to the trustee;
  9. Subject to Section 91-8-1012, 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 whether provided elsewhere in this chapter, available at common law or under equity principles.


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