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Iowa Code § 633A.4502

Breach of trust — actions

Known as the Iowa Trust Code

The act spans §§ 633A.1101–633A.6308 (136 sections).

Applied in 1 court decision — leading case Serena Konrardy and Carrie Rigdon, n/k/a Carrie Burmeister v. Vincent Angerer Trust and Dewitt Bank and Trust Company, as Trustee of the Vincent Angerer Trust (2019)

Most recently applied in Serena Konrardy and Carrie Rigdon, n/k/a Carrie Burmeister v. Vincent Angerer Trust and Dewitt Bank and Trust Company, as Trustee of the Vincent Angerer Trust (April 2019)

2002 Acts, ch 1107, §16; 2005 Acts, ch 38, §54, 55 2009 Acts, ch 52, §10; 2010 Acts, ch 1137, §8

1. Except as provided in section 633A.4213, to remedy a breach of trust which has occurred or may occur, a beneficiary or cotrustee of the trust may request the court to do any of the following:

a. Compel the trustee to perform the trustee’s duties.

b. Enjoin the trustee from committing a breach of trust.

c. Compel the trustee to redress a breach of trust by payment of money or otherwise.

d. Appoint a receiver or temporary trustee to take possession of the trust property and administer the trust.

e. Remove the trustee.

f. Reduce or deny compensation to the trustee.

g. Subject to section 633A.4603, nullify an act of the trustee, impose an equitable lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds.

h. Order any other appropriate relief.

2. The exception created in subsection 1 of this section does not apply to any trust created prior to July 1, 2002.

99 Acts, ch 125, §74, 109

C2001, §633.4502

CS2005, §633A.4502

Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.