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The Vermont Statutes Online

 

Title 14A : Trusts

Chapter 010 : LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE

(Cite as: 14A V.S.A. § 1001)
  • § 1001. Remedies for breach of trust

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

    (b) To remedy a breach of trust that has occurred or may occur, the Probate Division of the Superior 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;

    (6) suspend the trustee;

    (7) remove the trustee as provided in section 706 of this title;

    (8) reduce or deny compensation to the trustee;

    (9) subject to section 1012 of this title, 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. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. February 1, 2011.)