(1) 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 Utah Code 75-7-1001

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
  • Trust: includes :
              (60)(a)(i) a health savings account, as defined in Section 223of the Internal Revenue Code;
              (60)(a)(ii) an express trust, private or charitable, with additions thereto, wherever and however created; or
              (60)(a)(iii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. See Utah Code 75-1-201 v2
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: includes an original, additional, and successor trustee, and cotrustee, whether or not appointed or confirmed by the court. See Utah Code 75-1-201 v2
(2) To remedy a breach of trust that has occurred or may occur, the court may:

     (2)(a) compel the trustee to perform the trustee’s duties;
     (2)(b) enjoin the trustee from committing a breach of trust;
     (2)(c) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
     (2)(d) order a trustee to account;
     (2)(e) appoint a special fiduciary to take possession of the trust property and administer the trust;
     (2)(f) suspend the trustee;
     (2)(g) remove the trustee as provided in Section 75-7-706;
     (2)(h) reduce or deny compensation to the trustee;
     (2)(i) subject to Section 75-7-1012, 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; or
     (2)(j) order any other appropriate relief.