§1001. Remedies for breach of trust
1. Violation of duty. A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
2. Remedies. To remedy a breach of trust that has occurred or may occur, the court may:
A. Compel the trustee to perform the trustee's duties; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
B. Enjoin the trustee from committing a breach of trust; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
C. Compel the trustee to redress a breach of trust by paying money, restoring property or other means; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
D. Order a trustee to account; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
E. Appoint a special fiduciary to take possession of the trust property and administer the trust; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
F. Suspend the trustee; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
G. Remove the trustee as provided in section 706; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
H. Reduce or deny compensation to the trustee; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
I. Subject to section 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 [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
J. Order any other appropriate relief. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
Structure Maine Revised Statutes
Part 1: MAINE UNIFORM TRUST CODE
Chapter 10: LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE
18-B §1001. Remedies for breach of trust
18-B §1002. Damages for breach of trust
18-B §1003. Damages in absence of breach
18-B §1004. Attorney's fees and costs
18-B §1005. Limitation of action against trustee
18-B §1006. Reliance on trust instrument
18-B §1007. Event affecting administration or distribution
18-B §1008. Exculpation of trustee
18-B §1009. Beneficiary's consent, release or ratification
18-B §1010. Limitation on personal liability of trustee
18-B §1011. Interest as general partner