Public-domain · open source
OpenJurist

KRS 386B.10-010

Remedies for breach of trust

Known as the Uniform Trust Code

The act spans §§ 386B.10-010 to 386B.9-010 (95 sections).

Applied in 1 court decision — leading case Davis v. Davis (2018)

Most recently applied in Davis v. Davis (November 2018)

Effective: July 15, 2014 History: Created 2014 Ky

(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:

(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 paying money, restoring property, or other means;

(d) Order a trustee to account;

(e) Appoint a special fiduciary to take possession of the trust property and administer the trust;

(f) Suspend the trustee;

(g) Remove the trustee under KRS 386B.7-060;

(h) Reduce or deny compensation to the trustee;

(i) Subject to KRS 386B.10-110, 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 (j) Order any other appropriate relief.

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