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Current as of January 01, 2022 | Updated by FindLaw Staff
(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 order any equitable remedy, including:
(1) Compelling the trustee to perform the trustee's duties;
(2) Enjoining the trustee from committing a breach of trust;
(3) Compelling the trustee to redress a breach of trust by paying money, restoring property, or other means;
(4) Ordering a trustee to account;
(5) Appointing a special fiduciary to take possession of the trust property and administer the trust;
(6) Suspending or removing the trustee;
(7) Reducing or denying compensation to the trustee;
(8) Subject to § 3590 of this title, voiding an act of the trustee, imposing a lien or a constructive trust on trust property or tracing trust property wrongfully disposed of and recover the property or its proceeds; or
(9) Granting any other appropriate relief.
Cite this article: FindLaw.com - Delaware Code Title 12. Decedents' Estates and Fiduciary Relations § 3581. Breach of trust; equitable remedies - last updated January 01, 2022 | https://codes.findlaw.com/de/title-12-decedents-estates-and-fiduciary-relations/de-code-sect-12-3581/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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