Article 10.
217 words·~1 min read·
/nc/chapter-36c/10A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Article 10.
Liability of Trustees and Rights of Persons Dealing with Trustees.
§ 36C-10-1001. Remedies for breach of trust.
(a)A violation by a trustee of a duty the trustee owes under a trust 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;
(6)Suspend the trustee;
(7)Remove the trustee as provided in G.S. 36C-7-706;
(8)Reduce or deny compensation to the trustee;
(9)Subject to G.S. 36C-10-1012, 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; or
(10)Order any other appropriate relief.
(c)The court may, for cause shown, 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. (2005-192, s. 2.)