§ 36C-10-1001. Remedies for breach of trust. - North Carolina Statutes

Article 10.

Liability of Trustees andRights of Persons Dealing with Trustees.

§ 36C‑10‑1001. Remedies for breach of trust.

(a)        A violation by atrustee of a duty the trustee owes under a trust is a breach of trust.

(b)        To remedy a breachof trust that has occurred or may occur, the court may:

(1)        Compel the trusteeto perform the trustee's duties;

(2)        Enjoin the trusteefrom committing a breach of trust;

(3)        Compel the trusteeto redress a breach of trust by paying money, restoring property, or other means;

(4)        Order a trustee toaccount;

(5)        Appoint a specialfiduciary to take possession of the trust property and administer the trust;

(6)        Suspend the trustee;

(7)        Remove the trusteeas provided in G.S. 36C‑7‑706;

(8)        Reduce or denycompensation to the trustee;

(9)        Subject to G.S. 36C‑10‑1012,void an act of the trustee, impose a lien or a constructive trust on trustproperty, or trace trust property wrongfully disposed of and recover theproperty or its proceeds; or

(10)      Order any otherappropriate relief.

(c)        The court may, forcause shown, relieve a trustee from liability for any breach of trust, orwholly or partly excuse a trustee who has acted honestly and reasonably fromliability for a breach of trust. (2005‑192, s. 2.)