59-18-02. (1002) Damages for breach of trust

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ND Code › Title 59 › Chapter 59-18 › Section 59-18-02

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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59-18-02. (1002) Damages for breach of trust

1. A trustee who commits a breach of trust is liable to the beneficiaries affected for the

greater of the amount required to restore the value of the trust property and trust

distributions to what they would have been had the breach not occurred or the profit

the trustee made by reason of the breach.

2. Except as otherwise provided in this subsection, if more than one trustee is liable to

the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other

trustee or trustees. A trustee is not entitled to contribution if the trustee was

substantially more at fault than another trustee or if the trustee committed the breach

of trust in bad faith or with reckless indifference to the purposes of the trust or the

interests of the beneficiaries. A trustee who received a benefit from the breach of trust

is not entitled to contribution from another trustee to the extent of the benefit received.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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59-18-02. (1002) Damages for breach of trust · N.D. Cent. Code § 59-18-02 | Frix