Wyo. Stat. Ann. § 4-10-1001

Remedies for breach of trust

Applied in 3 court decisions — leading case In the Matter of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992, as Amended and Restated: Janel K. Kinniburgh, Beneficiary and Successor Trustee of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992 v. Jacque Moncur and Rosemary Steele, Successor Co-Trustees of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992 (2023)

Most recently applied in David Spurlock v. Wyoming Trust Company (February 2024)

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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

(b) To remedy a breach of trust that has occurred or may occur, the court may:

(i) Compel the fiduciary to perform the fiduciary's duties;

(ii) Enjoin the fiduciary from committing a breach of trust;

(iii) Compel the fiduciary to redress a breach of trust by paying money, restoring property or other means;

(iv) Order a fiduciary to account;

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

(vi) Suspend the fiduciary;

(vii) Remove the fiduciary as provided in W.S. 4-10-706;

(viii) Reduce or deny compensation to the fiduciary;

(ix) Subject to the rights of persons dealing with a fiduciary as provided in W.S. 4-10-1013, void an act of the fiduciary, 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 (x) Order any other appropriate relief.

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