Virginia § 64.2-792 Remedies for breach of trust

Virginia Statutes

§ 64.2-792 — Remedies for breach of trust

Virginia § 64.2-792

JurisdictionVirginia

Title 64.2WILLS, TRUSTS, AND FIDUCIARIES

Subtitle IIITRUSTS

Ch. 7UNIFORM TRUST CODE

Art. 10LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE

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Bluebook

Va. Code Ann. § 64.2-792 (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 § 64.2-759;

8.Reduce or deny compensation to the trustee;

9.Subject to § 64.2-803, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully dispose

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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 § 64.2-759;

8. Reduce or deny compensation to the trustee;

9. Subject to § 64.2-803, 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.