36C-10-1002. Damages for breach of trust.
(a) A trustee who commits a breach of trust is liable for the greater of:
(1) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or
(2) The profit the trustee made by reason of the breach.
(b) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received. (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.