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N.C. Gen. Stat. § 36C-10-1001

Remedies for breach of trust

Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) A violation by a trustee of a duty the trustee owes under a trust is a breach of trust.
(1) A violation by a trustee of a duty the trustee owes under a trust 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;
(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;
(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;
(4) Compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
(5) Order a trustee to account;
(5) Order a trustee to account;
(6) Appoint a special fiduciary to take possession of the trust property and administer the trust;
(6) Appoint a special fiduciary to take possession of the trust property and administer the trust;
(7) Suspend the trustee;
(7) Suspend the trustee;
(8) Remove the trustee as provided in G.S. 36C-7-706;
(8) Remove the trustee as provided in G.S. 36C-7-706;
(9) Reduce or deny compensation to the trustee;
(9) Reduce or deny compensation to the trustee;
(10) Subject to G.S. 36C-10-1012, 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) Subject to G.S. 36C-10-1012, 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.
(11) Order any other appropriate relief.
(12) The court may, for cause shown, relieve a trustee from liability for any breach of trust, or wholly or partly excuse a trustee who has acted honestly and reasonably from liability for a breach of trust.
(12) The court may, for cause shown, relieve a trustee from liability for any breach of trust, or wholly or partly excuse a trustee who has acted honestly and reasonably from liability for a breach of trust.
History
(2005-192, s. 2.)

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