§ 15-5-1001 — 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, being surcharged or sanctioned, or other means;

(d) Order a trustee to account, provide a status or financial report, or provide
an inventory;

(e) Appoint a special fiduciary to take possession of the trust property and
administer the trust;

(f) Restrain, restrict, or suspend the trustee;

(g) Remove the trustee as provided in section 15-5-706;

(h) Reduce or deny compensation to the trustee or require the trustee to
disgorge compensation previously paid;

(i) Subject to section 15-5-1012, void an act of the trustee, impose a lien or
constructive trust on trust property, or trace trust property wrongfully disposed of
and recover the property or its proceeds; or

(j) 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.

Legislative History

Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1183, � 1, effective January 1, 2019.