Montana Code Annotated 2021

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 38. MONTANA UNIFORM TRUST CODE

Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee

Remedies For Breach Of Trust

72-38-1001. Remedies for breach of trust. (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 as provided in 72-38-706;

(h) reduce or deny compensation to the trustee;

(i) subject to 72-38-1012, 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

(j) order any other appropriate relief.

History: En. Sec. 118, Ch. 264, L. 2013.