Current through 2024 First Special Session
Section 44D-10-1001 - 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 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 in accordance with the limitations and directions as ordered by the court;(7) Remove the trustee as provided in section seven hundred six, article seven of this chapter;(8) Reduce or deny compensation to the trustee;(9) Subject to section one thousand twelve of this article, 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.W. Va. Code § 44D-10-1001
Added by 2011 Acts, ch. 66 (HB 2551), eff. 6/10/2011.