Remedies for Breach of Trust

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  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:
    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 § 35-15-706;
    8. Reduce or deny compensation to the trustee;
    9. Subject to § 35-15-1012, 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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