§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;

(6)        Suspend the trustee;

(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.

(2005-192, s. 2.)