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2017 Maryland Code
Estates and Trusts
Title 14.5. Maryland Trust Act.
Subtitle 9 - Liability of Trustees and Rights of Persons Dealing With the Trustee.
§ 14.5-901. Breach of trust.
Universal Citation: MD Est & Trusts Code § 14.5-901 (2017)
- (a) In general. --
- (1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
- (2) A breach of trust under this subsection may occur by reason of an action or by reason of a failure to act.
- (b) Remedies. -- To remedy a breach of trust by the trustee that has occurred or may occur, the court may:
- (1) Compel the trustee to perform the duties of the trustee;
- (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 § 14.5-706 of this title;
- (8) Reduce or deny compensation to the trustee;
- (9) Subject to § 14.5-909 of this subtitle, 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 proceeds from the property; or
- (10) Order other appropriate relief.
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