59-18-01. (1001) Remedies for breach of trust

59-18-01. (1001) Remedies for breach of trust

1. A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.

2. To remedy a breach of trust that has occurred or may occur, the court may compel the

trustee to perform the trustee's duties; enjoin the trustee from committing a breach of

trust; compel the trustee to redress a breach of trust by paying money, restoring

property, or other means; order a trustee to account; appoint a special fiduciary to take

possession of the trust property and administer the trust; suspend the trustee; remove

the trustee as provided in section 59-15-06; reduce or deny compensation to the

trustee; subject to section 59-18-12, 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 order any other appropriate relief.