2020 Colorado Revised Statutes
Title 15 - Probate, Trusts, And Fiduciaries
Article 5. Colorado Uniform Trust Code
Section 15-5-1001. Remedies for breach of trust.

Universal Citation:
CO Rev Stat § 15-5-1001 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.

(2) 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,being surcharged or sanctioned, or other means;

  4. Order a trustee to account, provide a status or financial report, or provide an inventory;

  5. Appoint a special fiduciary to take possession of the trust property and administer thetrust;

  6. Restrain, restrict, or suspend the trustee;

  7. Remove the trustee as provided in section 15-5-706;

  8. Reduce or deny compensation to the trustee or require the trustee to disgorge compensation previously paid;

  9. Subject to section 15-5-1012, void an act of the trustee, impose a lien or constructivetrust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or

  10. Order other appropriate relief.

(3) If a remedy for a breach of trust is sought by a cotrustee, beneficiary, or interested person, or the court acts sua sponte, the provisions of part 5 of article 10 of this title 15 apply.

Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1183, § 1, effective January 1, 2019.

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