Montana Statutes
§ 72-38-1001 — Remedies For Breach Of Trust
Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 38 MONTANA UNIFORM TRUST CODE·Part 10 Liability of Trustees and Rights of Persons Dealing with Trustee
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 propert
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Montana § 72-38-1001 (Remedies For Breach Of Trust) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
En. Sec. 118, Ch. 264, L. 2013.
Nearby Sections
15
§ 72-38-1001
Remedies For Breach Of Trust§ 72-38-1002
Damages For Breach Of Trust§ 72-38-1003
Damages In Absence Of Breach§ 72-38-1004
Attorney Fees And Costs§ 72-38-1005
Limitation Of Action Against Trustee§ 72-38-1006
Reliance On Trust Instrument§ 72-38-1007
Event Affecting Administration Or Distribution§ 72-38-1008
Exculpation Of Trustee§ 72-38-1009
Beneficiary's Consent, Release, Or Ratification§ 72-38-101
Short Title§ 72-38-1010
Limitation On Personal Liability Of Trustee§ 72-38-1011
Interest As General Partner§ 72-38-1012
Protection Of Person Dealing With Trustee§ 72-38-1013
Certification Of Trust§ 72-38-102
Scope