2017 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 73 - Arkansas Trust Code
Subchapter 10 - Liability of Trustees and Rights of Persons Dealing With Trustees
§ 28-73-1001. Remedies for breach of trust

Universal Citation: AR Code § 28-73-1001 (2017)
  • (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 § 28-73-706;
    • (8) reduce or deny compensation to the trustee;
    • (9) subject to § 28-73-1012, 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.
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