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.)
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.)
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.)
