A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
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Terms Used In Utah Code 75-7-1001
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
Fiduciary: A trustee, executor, or administrator.
Lien: A claim against real or personal property in satisfaction of a debt.
Trustee: A person or institution holding and administering property in trust.
(2)
To remedy a breach of trust that has occurred or may occur, the court may:
(a)
compel the trustee to perform the trustee’s duties;
(b)
enjoin the trustee from committing a breach of trust;
(c)
compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
(d)
order a trustee to account;
(e)
appoint a special fiduciary to take possession of the trust property and administer the trust;
(f)
suspend the trustee;
(g)
remove the trustee as provided in Section 75-7-706;
(h)
reduce or deny compensation to the trustee;
(i)
subject to Section 75-7-1012, 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
