Del. Code tit. 12 § 3581

Current through 2024 Legislative Session Act Chapter 258
Section 3581 - Breach of trust; equitable remedies
(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 court may order any equitable remedy, including:
(1) Compelling the trustee to perform the trustee's duties;
(2) Enjoining the trustee from committing a breach of trust;
(3) Compelling the trustee to redress a breach of trust by paying money, restoring property, or other means;
(4) Ordering a trustee to account;
(5) Appointing a special fiduciary to take possession of the trust property and administer the trust;
(6) Suspending or removing the trustee;
(7) Reducing or denying compensation to the trustee;
(8) Subject to § 3590 of this title, voiding an act of the trustee, imposing a lien or a constructive trust on trust property or tracing trust property wrongfully disposed of and recover the property or its proceeds; or
(9) Granting any other appropriate relief.

12 Del. C. § 3581

72 Del. Laws, c. 388, § 7; 73 Del. Laws, c. 409, § 4.;