Montana § 72-38-1001 Remedies For Breach Of Trust

Montana Statutes

§ 72-38-1001 — Remedies For Breach Of Trust

Montana § 72-38-1001

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 38MONTANA UNIFORM TRUST CODE

Part 10Liability of Trustees and Rights of Persons Dealing with Trustee

This text of Montana § 72-38-1001 (Remedies For Breach Of Trust) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-38-1001 (2026).

Text

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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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.