SECTIONS 16420-16421 - California Statutes

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Statutes > California > Prob > 16420-16421

PROBATE CODE
SECTION 16420-16421




16420.  (a) If a trustee commits a breach of trust, or threatens to
commit a breach of trust, a beneficiary or cotrustee of the trust may
commence a proceeding for any of the following purposes that is
appropriate:
   (1) To compel the trustee to perform the trustee's duties.
   (2) To enjoin the trustee from committing a breach of trust.
   (3) To compel the trustee to redress a breach of trust by payment
of money or otherwise.
   (4) To appoint a receiver or temporary trustee to take possession
of the trust property and administer the trust.
   (5) To remove the trustee.
   (6) Subject to Section 18100, to set aside acts of the trustee.
   (7) To reduce or deny compensation of the trustee.
   (8) Subject to Section 18100, to impose an equitable lien or a
constructive trust on trust property.
   (9) Subject to Section 18100, to trace trust property that has
been wrongfully disposed of and recover the property or its proceeds.
   (b) The provision of remedies for breach of trust in subdivision
(a) does not prevent resort to any other appropriate remedy provided
by statute or the common law.


16421.  The remedies of a beneficiary against the trustee are
exclusively in equity.

State Codes and Statutes

Statutes > California > Prob > 16420-16421

PROBATE CODE
SECTION 16420-16421




16420.  (a) If a trustee commits a breach of trust, or threatens to
commit a breach of trust, a beneficiary or cotrustee of the trust may
commence a proceeding for any of the following purposes that is
appropriate:
   (1) To compel the trustee to perform the trustee's duties.
   (2) To enjoin the trustee from committing a breach of trust.
   (3) To compel the trustee to redress a breach of trust by payment
of money or otherwise.
   (4) To appoint a receiver or temporary trustee to take possession
of the trust property and administer the trust.
   (5) To remove the trustee.
   (6) Subject to Section 18100, to set aside acts of the trustee.
   (7) To reduce or deny compensation of the trustee.
   (8) Subject to Section 18100, to impose an equitable lien or a
constructive trust on trust property.
   (9) Subject to Section 18100, to trace trust property that has
been wrongfully disposed of and recover the property or its proceeds.
   (b) The provision of remedies for breach of trust in subdivision
(a) does not prevent resort to any other appropriate remedy provided
by statute or the common law.


16421.  The remedies of a beneficiary against the trustee are
exclusively in equity.

State Codes and Statutes

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State Codes and Statutes

Statutes > California > Prob > 16420-16421

PROBATE CODE
SECTION 16420-16421




16420.  (a) If a trustee commits a breach of trust, or threatens to
commit a breach of trust, a beneficiary or cotrustee of the trust may
commence a proceeding for any of the following purposes that is
appropriate:
   (1) To compel the trustee to perform the trustee's duties.
   (2) To enjoin the trustee from committing a breach of trust.
   (3) To compel the trustee to redress a breach of trust by payment
of money or otherwise.
   (4) To appoint a receiver or temporary trustee to take possession
of the trust property and administer the trust.
   (5) To remove the trustee.
   (6) Subject to Section 18100, to set aside acts of the trustee.
   (7) To reduce or deny compensation of the trustee.
   (8) Subject to Section 18100, to impose an equitable lien or a
constructive trust on trust property.
   (9) Subject to Section 18100, to trace trust property that has
been wrongfully disposed of and recover the property or its proceeds.
   (b) The provision of remedies for breach of trust in subdivision
(a) does not prevent resort to any other appropriate remedy provided
by statute or the common law.


16421.  The remedies of a beneficiary against the trustee are
exclusively in equity.