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Section 3B:31-71 - Remedies for breach of trust.

NJ Rev Stat § 3B:31-71 (2019) (N/A)
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3B:31-71 Remedies for breach of trust.

3B:31-71. Remedies for Breach of Trust.

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 N.J.S.3B:31-51;

(8) reduce or deny compensation to the trustee;

(9) subject to N.J.S.3B:14-37, 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.

L.2015, c.276, s.1.

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