New Mexico § 46A-10-1001 Breach of trust

New Mexico Statutes

§ 46A-10-1001 — Breach of trust

New Mexico § 46A-10-1001

Ch. 46AUniform Trust Code

Art. 10Liability of Trustees and Rights of Persons Dealing

This text of New Mexico § 46A-10-1001 (Breach of trust) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 46A-10-1001 (2026).

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:

(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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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 trust property wrongfully disposed of and recover the property or its proceeds; or (10) order any other appropriate relief.