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Code · New Jersey · Title 3B — Administration of Estates--Decedents and Others · Chapter 31

3B:31-71 Remedies for breach of trust.

164 words·~1 min read·/nj/title-3b/chapter-31/3b-31-71

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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;
(6)suspend the trustee;
(7)remove the trustee as provided in N.J.S.3B:31-51;
(8)reduce or deny compensation to the trustee;
(9)subject to N.J.S.3B:14-37, 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.
L.2015, c.276, s.1.
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