(a) A violation by a trustee of a duty the trustee owes to a beneficiary 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 in accordance with the limitations and directions as ordered by the court;
(6) Suspend the trustee;
(7) Remove the trustee as provided in section seven hundred six, article seven of this chapter;
(8) Reduce or deny compensation to the trustee;
(9) Subject to section one thousand twelve of this article, 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.
Structure West Virginia Code
Chapter 44D. Uniform Trust Code
Article 10. Liability of Trustees and Rights of Persons Dealing With Trustee
§44D-10-1001. Remedies for Breach of Trust
§44D-10-1002. Damages for Breach of Trust
§44D-10-1003. Damages in Absence of Breach
§44D-10-1004. Attorney's Fees and Costs
§44D-10-1005. Limitation of Action Against Trustee
§44D-10-1006. Reliance on Trust Instrument
§44D-10-1007. Event Affecting Administration or Distribution
§44D-10-1008. Exculpation of Trustee
§44D-10-1009. Beneficiary's Consent, Release or Ratification
§44D-10-1010. Limitation on Personal Liability of Trustee
§44D-10-1011. Interest as General Partner