Utah Code 75-7-1001. Remedies for breach of trust
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(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
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 Section75-7-706 ;(2)(h) reduce or deny compensation to the trustee;(2)(i) subject to Section75-7-1012 , 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.