Me. Stat. tit. 18-B § 1001

Current through 131st (2023-2024) Legislature Chapter 684
Section 1001 - Remedies for breach of trust
1.Violation of duty. A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.

[2003, c. 618, Pt. A, §1(NEW); 2003, c. 618, Pt. A, §2(AFF).]

2.Remedies. 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; [2003, c. 618, Pt. A, §1(NEW); 2003, c. 618, Pt. A, §2(AFF).]
B. Enjoin the trustee from committing a breach of trust; [2003, c. 618, Pt. A, §1(NEW); 2003, c. 618, Pt. A, §2(AFF).]
C. Compel the trustee to redress a breach of trust by paying money, restoring property or other means; [2003, c. 618, Pt. A, §1(NEW); 2003, c. 618, Pt. A, §2(AFF).]
D. Order a trustee to account; [2003, c. 618, Pt. A, §1(NEW); 2003, c. 618, Pt. A, §2(AFF).]
E. Appoint a special fiduciary to take possession of the trust property and administer the trust; [2003, c. 618, Pt. A, §1(NEW); 2003, c. 618, Pt. A, §2(AFF).]
F. Suspend the trustee; [2003, c. 618, Pt. A, §1(NEW); 2003, c. 618, Pt. A, §2(AFF).]
G. Remove the trustee as provided in section 706; [2003, c. 618, Pt. A, §1(NEW); 2003, c. 618, Pt. A, §2(AFF).]
H. Reduce or deny compensation to the trustee; [2003, c. 618, Pt. A, §1(NEW); 2003, c. 618, Pt. A, §2(AFF).]
I. Subject to section 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 [2003, c. 618, Pt. A, §1(NEW); 2003, c. 618, Pt. A, §2(AFF).]
J. Order any other appropriate relief. [2003, c. 618, Pt. A, §1(NEW); 2003, c. 618, Pt. A, §2(AFF).]

[2003, c. 618, Pt. A, §1(NEW); 2003, c. 618, Pt. A, §2(AFF).]

18-B M.R.S. § 1001

2003, c. 618, §A1 (NEW) . 2003, c. 618, §A2 (AFF) .