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:
    • (a) compel the trustee to perform the trustee's duties;
    • (b) enjoin the trustee from committing a breach of trust;
    • (c) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
    • (d) order a trustee to account;
    • (e) appoint a special fiduciary to take possession of the trust property and administer the trust;
    • (f) suspend the trustee;
    • (g) remove the trustee as provided in Section 75-7-706;
    • (h) reduce or deny compensation to the trustee;
    • (i) subject to Section 75-7-1012, 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
    • (j) order any other appropriate relief.




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