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Ark. Code Ann. § 28-73-1001

Remedies for breach of trust

Known as the Arkansas Trust Code

The act spans §§ 28-73-1001 to 28-73-908 (103 sections).

Applied in 2 court decisions — leading case Ray H. Dawson, Jr. Janelle D. Stoner-Sellers, Individually and as Trustee of R&Ld Trust, R&Ld Trust II, and R&Ld Trust III (2019)

Most recently applied in Ray H. Dawson, Jr. Janelle D. Stoner-Sellers, Individually and as Trustee of R&Ld Trust, R&Ld Trust II, and R&Ld Trust III (December 2019)

Acts 2005, No. 1031, § 1.

(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.

(2) To remedy a breach of trust that has occurred or may occur, the court may: compel the trustee to perform the trustee's duties;

(3) enjoin the trustee from committing a breach of trust;

(4) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;

(5) order a trustee to account;

(6) appoint a special fiduciary to take possession of the trust property and administer the trust;

(7) suspend the trustee;

(8) remove the trustee as provided in § 28-73-706;

(9) reduce or deny compensation to the trustee;

(10) subject to § 28-73-1012, 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

(11) order any other appropriate relief.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.