§ 4-10-1002 — Damages for breach of trust

Wyoming § 4-10-1002

• Jurisdiction: Wyoming
• Title 04: Fiduciaries
• Ch. 10: UNIFORM TRUST CODE
• Art. 10: LIABILITY OF FIDUCIARIES AND RIGHTS OF PERSONS

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(a) A fiduciary who commits a breach of trust is liable to
the beneficiaries affected for the greater of:
(i) The amount required to restore the value of the
trust property and trust distributions to what they would have
been had the breach not occurred; or
(ii) The profit the fiduciary made by reason of the
breach.
(b) Except as otherwise provided in this subsection, if
more than one (1) fiduciary is liable to the beneficiaries for a
breach of trust, a fiduciary is entitled to contribution from
the other fiduciary or fiduciaries. A fiduciary is not entitled
to contribution if the fiduciary was substantially more at fault
than another fiduciary or if the fiduciary committed the breach
of trust in bad faith or with reckless indifference to the
purposes of the trust or the interests of the beneficiaries. A
fiduciary who received a benefit from the breach of trust is not
entitled to contribution from another fiduciary to the extent of
the benefit received.