36C-10-1001. Remedies for breach of trust.
(a) A violation by a trustee of a duty the trustee owes under a trust is a breach of trust.
(b) 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 G.S. 36C-7-706;
(8) Reduce or deny compensation to the trustee;
(9) Subject to G.S. 36C-10-1012, 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
(10) Order any other appropriate relief.
(c) The court may, for cause shown, relieve a trustee from liability for any breach of trust, or wholly or partly excuse a trustee who has acted honestly and reasonably from liability for a breach of trust. (2005-192, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 36C - North Carolina Uniform Trust Code
Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustees.
§ 36C-10-1001 - Remedies for breach of trust.
§ 36C-10-1002 - Damages for breach of trust.
§ 36C-10-1003 - Liability in absence of breach.
§ 36C-10-1004 - Attorneys' fees and costs.
§ 36C-10-1005 - Limitation of action against trustee.
§ 36C-10-1006 - Reliance on trust instrument.
§ 36C-10-1007 - Event affecting administration or distribution.
§ 36C-10-1008 - Exculpation of trustee.
§ 36C-10-1009 - Beneficiary's consent, release, or ratification.
§ 36C-10-1010 - Limitation on personal liability of trustee.
§ 36C-10-1011 - Interest as general partner.