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2020 Mississippi Code
Title 91 - Trusts and Estates
Chapter 8 - Mississippi Uniform Trust Code
Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee
§ 91-8-1001. Remedies for breach of trust
Universal Citation:
MS Code § 91-8-1001 (2020)
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on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
To remedy a breach of trust that has occurred or may occur, the court may:
- Compel the trustee to perform the trustee's duties;
- Enjoin the trustee from committing a breach of trust;
- Compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
- Order a trustee to account;
- Appoint a special fiduciary to take possession of the trust property and administer the trust;
- Suspend the trustee;
- Remove the trustee as provided in Section 91-8-706;
- Reduce or deny compensation to the trustee;
- Subject to Section 91-8-1012, 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
- Order any other appropriate relief whether provided elsewhere in this chapter, available at common law or under equity principles.
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