Remedies for breach of trust

15-5-1001. Remedies for breach of trust. (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, being surcharged or sanctioned, or other means; (d) Order a trustee to account, provide a status or financial report, or provide an inventory; (e) Appoint a special fiduciary to take possession of the trust property and administer the trust; (f) Restrain, restrict, or suspend the trustee; (g) Remove the trustee as provided in section 15-5-706; (h) Reduce or deny compensation to the trustee or require the trustee to disgorge compensation previously paid; (i) Subject to section 15-5-1012, void an act of the trustee, impose a lien or constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or (j) Order other appropriate relief. (3) If a remedy for a breach of trust is sought by a cotrustee, beneficiary, or interested person, or the court acts sua sponte, the provisions of part 5 of article 10 of this title 15 apply. Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1183, � 1, effective January 1, 2019.