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Miss. Code Ann. § 91-8-1001

Remedies for breach of trust

Known as the Mississippi Uniform Trust Code

The act spans §§ 91–91 (104 sections).

Laws, 2014, ch. 421, § 77, eff from and after July 1, 2014.

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

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;

(6) Suspend the trustee;

(7) Remove the trustee as provided in Section 91-8-706;

(8) Reduce or deny compensation to the trustee;

(9) Subject to Section 91-8-1012, 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

(10) Order any other appropriate relief whether provided elsewhere in this chapter, available at common law or under equity principles.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.