§ 75-7-1001. Remedies for breach of trust.  


Latest version.
  • (1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
    (2) To remedy a breach of trust that has occurred or may occur, the court may:
    (a) compel the trustee to perform the trustee's duties;
    (b) enjoin the trustee from committing a breach of trust;
    (c) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
    (d) order a trustee to account;
    (e) appoint a special fiduciary to take possession of the trust property and administer the trust;
    (f) suspend the trustee;
    (g) remove the trustee as provided in Section 75-7-706;
    (h) reduce or deny compensation to the trustee;
    (i) subject to Section 75-7-1012, 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
    (j) order any other appropriate relief.
Enacted by Chapter 89, 2004 General Session