§ 72-38-1001

72-38-1001. Remedies for breach of trust. (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 72-38-706; (h) reduce or deny compensation to the trustee; (i) subject to 72-38-1012, 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. History: En. Sec. 118, Ch. 264, L. 2013.