2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633A - IOWA TRUST CODE
633A.4502 - BREACH OF TRUST -- ACTIONS.

        633A.4502  BREACH OF TRUST -- ACTIONS.
         1.  Except as provided in section 633A.4213, to remedy a breach of
      trust which has occurred or may occur, a beneficiary or cotrustee of
      the trust may request the court to do any of the following:
         a.  Compel the trustee to perform the trustee's duties.
         b.  Enjoin the trustee from committing a breach of trust.
         c.  Compel the trustee to redress a breach of trust by payment
      of money or otherwise.
         d.  Appoint a receiver or temporary trustee to take possession
      of the trust property and administer the trust.
         e.  Remove the trustee.
         f.  Reduce or deny compensation to the trustee.
         g.  Subject to section 633A.4603, nullify an act of the
      trustee, impose an equitable lien or a constructive trust on trust
      property, or trace trust property wrongfully disposed of and recover
      the property or its proceeds.
         h.  Order any other appropriate relief.
         2.  This section does not apply to any trust created prior to July
      1, 2002, and applies to trusts created on or after July 1, 2002,
      unless the settlor has specifically waived the requirements of this
      section in the trust instrument.  Waiver of this section shall not
      bar any beneficiary's common law right to an accounting, and shall
      not provide any immunity to a trustee, acting under the terms of the
      trust, for liability to any beneficiary who discovers facts giving
      rise to a cause of action against the trustee.  
         Section History: Recent Form
         99 Acts, ch 125, §74, 109
         C2001, §633.4502
         2002 Acts, ch 1107, §16; 2005 Acts, ch 38, §54, 55
         CS2005, §633A.4502
         2009 Acts, ch 52, §10

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