2021 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 7 - Utah Uniform Trust Code
Part 10 - Liability of Trustees and Rights of Persons Dealing with Trustee
Section 1002 - Damages for breach of trust.

Universal Citation:
UT Code § 75-7-1002 (2021)
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.
75-7-1002. Damages for breach of trust.
  • (1) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:
    • (a) the amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or
    • (b) the profit the trustee made by reason of the breach.
  • (2) Except as otherwise provided in this Subsection (2), if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.


Enacted by Chapter 89, 2004 General Session
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