2018 Tennessee Code
Title 35 - Fiduciaries and Trust Estates
Chapter 15 - Tennessee Uniform Trust Code
Part 10 - Liability of Trustees and Rights of Persons Dealing With Trustee
§ 35-15-1001. Remedies for breach of trust.

Universal Citation: TN Code § 35-15-1001 (2018)
  • (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 § 35-15-706;

    • (8) Reduce or deny compensation to the trustee;

    • (9) Subject to § 35-15-1012, 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 whether provided elsewhere in this chapter, available at common law or under equity principles.

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