Haw. Rev. Stat. § 554D-1001

Current through the 2024 Legislative Session
Section 554D-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. A breach of trust may occur by reason of an action or by reason of a failure to act.
(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 section -706;
(8) Reduce or deny compensation to the trustee;
(9) 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;
(10) Order that the trustee, not the trust, shall bear the trustee's attorney's fees and those incurred by other parties to the trust; or
(11) Order any other appropriate relief, including punitive damages.
(c) The court, for cause shown, may 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.

HRS § 554D-1001

Added by L 2021, c 32,§ 2, eff. 1/1/2022.