Uniform Trust Code

ORS 130.800
UTC 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. A breach of trust may occur by reason of an action or by reason of a failure to act.

(2)

To remedy a breach of trust that has occurred or to prevent a breach of trust, 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 pay money or restore property;

(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 ORS 130.625 (UTC 706. Removal of trustee);

(h)

Reduce or deny compensation to the trustee;

(i)

Subject to ORS 130.855 (UTC 1012. Protection of person dealing with trustee), 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. [2005 c.348 §83]

Law Review Citations

42 WLR 187 (2006)

Chapter 130

Law Review Citations

42 WLR 187 (2006)


Source

Last accessed
Jun. 26, 2021