A. A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.

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Terms Used In Arizona Laws 14-11001

  • Court: means the superior court. See Arizona Laws 14-1201
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest in anything that may be the subject of ownership. See Arizona Laws 14-10103
  • Trust: includes an express trust, private or charitable, with any additions, wherever and however created. See Arizona Laws 14-1201
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: includes an original, additional and successor trustee and a cotrustee. See Arizona Laws 14-10103

B. Except as provided in section 14-7404, to remedy a breach of trust that has occurred or may occur, the court may:

1. Compel the trustee to perform the trustee’s duties.

2. Enjoin the trustee from committing a breach of trust.

3. Compel the trustee to redress a breach of trust by paying money, restoring property or other means.

4. Order a trustee to account.

5. Appoint a special fiduciary to take possession of the trust property and administer the trust.

6. Suspend the trustee.

7. Remove the trustee as provided in section 14-10706.

8. Reduce or deny compensation to the trustee.

9. Subject to section 14-10706, 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.

10. Order any other appropriate relief.