Current through Session Law 2024-53
Section 36C-10-1001 - Remedies for breach of trust(a) A violation by a trustee of a duty the trustee owes under a trust is a breach of trust.(b) 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;(7) Remove the trustee as provided in G.S. 36C-7-706;(8) Reduce or deny compensation to the trustee;(9) 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) Order any other appropriate relief.(c) 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.N.C. Gen. Stat. § 36C-10-1001
Added by 2005 N.C. Sess. Laws 192, s. 2, eff. 1/1/2006.