Mass. General Laws c.203E § 1001

Remedies for breach of trust

This is an unofficial version of a Massachusetts General Law.

Section 1001

(a)

A violation by a trustee of a duty the trustee owes to a beneficiary shall be 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;
  • (8) reduce or deny compensation to the trustee;
  • (9) subject to section 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
  • (10) order any other appropriate relief.

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