Remedies for Breach of Trust

AuthorSeymour Goldberg
ProfessionSenior partner in the law firm of Goldberg & Goldberg, P.C., in Woodbury, New York
Pages37-38
A breach of trust takes place when a trustee violates a duty that he or she
owes to a beneciary.
The UTC provides for remedies that a beneciary can seek against
the trustee.
Section 1001 of the Maine Uniform Trust Code provides in part as
follows:
Remedies for breach of trust:
1. Violation of Duty. A violation by a trustee of a duty the trustee owes
to a beneciary is a breach of trust.
2. Remedies. 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 continuing a breach of trust;
3. Compel the trustee to redress a breach of trust by paying money,
restoring the property or other means;
4. Order a trustee to account;
5. Appoint a special duciary to take possession of the trust prop-
erty and administer the trust;
6. Suspend the trustee;
7. Remove the trustee;
8. Reduce or deny compensation to the trustee;
9. . . . Void an act of the trustee; impose a lien or a constructive
trust on trust property, or trace property wrongfully disposed of
and recover the property or its proceeds; or
10. Order any other appropriate relief.
37
REMEDIES FOR
BREACH OF TRUST

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