Iowa Code 633A.4501 – Violations of duties — breach of trust
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1. A violation by a trustee of a duty the trustee owes a beneficiary is a breach of trust.
Terms Used In Iowa Code 633A.4501
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Trustee: A person or institution holding and administering property in trust.
2. The remedies of a beneficiary for breach of trust are exclusively equitable and any action shall be brought in a court of equity.