LD 921
pg. 44
Page 43 of 58 PUBLIC Law Chapter 618 Page 45 of 58
Download Chapter Text
LR 466
Item 1

 
2.__Remedies.__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 706;

 
H.__Reduce or deny compensation to the trustee;

 
I.__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

 
J.__Order any other appropriate relief.

 
§1002.__Damages for breach of trust

 
1.__Damages.__A trustee who commits a breach of trust is
liable to the beneficiaries affected for the greater of:

 
A.__The amount required to restore the value of the trust
property and trust distributions to what they would have
been had the breach not occurred; and

 
B.__The profit the trustee made by reason of the breach.

 
2.__Contribution from other trustees.__Except as otherwise
provided in this subsection, if more than one trustee is liable
to the beneficiaries for a breach of trust, a trustee is entitled
to contribution from the other trustee or trustees.__A trustee is
not entitled to contribution if the trustee was substantially
more at fault than another trustee or if the trustee committed
the breach of trust in bad faith or with reckless indifference to
the purposes of the trust or the interests of the beneficiaries.__
A trustee who received a benefit from the breach of trust is not


Page 43 of 58 Top of Page Page 45 of 58
Related Pages
  Search Bill Text Legislative Information
Bill Directory Search
Bill
Status
Session Information
119th Legislature Bills Maine Legislature

Office of Legislative Information
100 State House Station
Augusta, ME 04333
voice: (207) 287-1692
fax: (207) 287-1580
tty: (207) 287-6826
Word Viewer for Windows Disclaimer