West Virginia Statutes
§ 44D-10-1001 — Remedies for breach of trust
West Virginia·Ch. 44D UNIFORM TRUST CODE·Art. 10 LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE
(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 in accordance with the limitations and directions as ordered by the court;
(6)Suspend the trustee;
(7)Remove the trustee as provided in section seven hundred six, article seven of this chapter;
(8)Reduce or deny compensation to the trustee;
(9)Subject to section o
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Legislative History
2011 Reg. Sess., HB2551
Nearby Sections
15
§ 44D-1-101
Short title§ 44D-1-102
Scope§ 44D-1-103
Definitions§ 44D-1-104
Knowledge§ 44D-1-105
Default and mandatory rules§ 44D-1-106
Common law of trusts; principles of equity§ 44D-1-107
Governing law§ 44D-1-108
Principal place of administration§ 44D-1-109
Methods and waiver of notice§ 44D-1-110
Others treated as qualified beneficiaries§ 44D-1-111
Nonjudicial settlement agreements§ 44D-1-112
Rules of construction§ 44D-1-113
Insurable interest of trustee§ 44D-10-1001
Remedies for breach of trust§ 44D-10-1002
Damages for breach of trust