§ 3581 — Breach of trust; equitable remedies

Delaware § 3581

• Jurisdiction: Delaware
• Title: 12
• Part: Fiduciary Relations
• Ch. 35: TRUSTS
• Subch.: Liability of Trustees and Rights of Persons Dealing With Trustee

Text

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

(b) To remedy a breach of trust that has occurred or may occur, the court may order any equitable remedy, including:

(1) Compelling the trustee to perform the trustee’s duties;

(2) Enjoining the trustee from committing a breach of trust;

(3) Compelling the trustee to redress a breach of trust by paying money, restoring property, or other means;

(4) Ordering a trustee to account;

(5) Appointing a special fiduciary to take possession of the trust property and administer the trust;

(6) Suspending or removing the trustee;

(7) Reducing or denying compensation to the trustee;

(8) Subject to § 3590 of this title, voiding an act of the trustee, imposing a lien or a constructive trust on trust property or tracing trust property wrongfully disposed of and recover the property or its proceeds; or

(9) Granting any other appropriate relief.

Legislative History

72 Del. Laws, c. 388, § 7 ; 73 Del. Laws, c. 409, § 4