2019 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 12 - Trusts
Article 14 - Trustee Liability
§ 53-12-301. Actions for breach of trust

Universal Citation: GA Code § 53-12-301 (2019)
  • (a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary shall have a cause of action to seek:

    • (1) To recover damages;

    • (2) To compel the trustee to perform the trustee's duties;

    • (3) To require an accounting;

    • (4) To enjoin the trustee from committing a breach of trust;

    • (5) To compel the trustee to redress a breach of trust by payment of money or otherwise;

    • (6) To appoint a temporary trustee to take possession of the trust property and administer the trust or to suspend a trustee with or without the appointment of a temporary trustee;

    • (7) To remove the trustee; and

    • (8) To reduce or deny compensation of the trustee.

  • (b) When trust assets are misapplied and can be traced in the hands of persons affected with notice of the misapplication, the trust shall attach to such assets. A creditor of a trust may follow assets in the hands of beneficiaries even if they were received without notice.

  • (c) The remedy set forth in subsection (c) of Code Section 53-12-363 shall be the exclusive remedy for an abuse of discretion as provided in Code Sections 53-12-361 and 53-12-362.

  • (d) The provision of remedies for breach of trust shall not prevent resort to any other appropriate remedy provided by statute or common law.

History:

Code 1981, § 53-12-301, enacted by Ga. L. 2010, p. 579, § 1/SB 131.

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