New Mexico Statutes
§ 46A-10-1001 — Breach of trust
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:
(1)compel the trustee to perform the trustee's duties;
(2)enjoin the trustee from committing a breach of trust;
(3)compel the trustee to redress a breach of trust by paying money, restoring property or other means;
(4)order a trustee to account;
(5)appoint a special fiduciary to take possession of the trust property and administer the trust;
(6)suspend the trustee;
(7)remove the trustee as provided in Section 46A-7-706 NMSA 1978;
(8)reduce or deny compensation to the trustee;
(9)subject to Section 46A-10-1012 NMSA 1978, void an act of the trustee, impose a lien or a constructive trust on trust property or trace
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Legislative History
Laws 2003, ch. 122, § 10-1001; 2007, ch. 128, § 25.
Nearby Sections
15
§ 46A-1-101
Short title§ 46A-1-102
Scope§ 46A-1-103
Definitions§ 46A-1-104
Knowledge§ 46A-1-105
Default and mandatory rules§ 46A-1-106
Common law of trusts; principles of equity§ 46A-1-107
Governing law§ 46A-1-108
Principal place of administration§ 46A-1-109
Methods and waiver of notice§ 46A-1-110
Others treated as qualified beneficiaries§ 46A-1-111
Nonjudicial settlement agreements§ 46A-1-112
Rules of construction§ 46A-1-113
Insurable interest of trustee§ 46A-10-1001
Breach of trust§ 46A-10-1002
Damages for breach of trust