2015 ORS 130.800¹
UTC 1001. Remedies for breach of trust

(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. A breach of trust may occur by reason of an action or by reason of a failure to act.

(2) To remedy a breach of trust that has occurred or to prevent a breach of trust, the court may:

(a) Compel the trustee to perform the trustees duties;

(b) Enjoin the trustee from committing a breach of trust;

(c) Compel the trustee to pay money or restore property;

(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 ORS 130.625 (UTC 706. Removal of trustee);

(h) Reduce or deny compensation to the trustee;

(i) Subject to ORS 130.855 (UTC 1012. Protection of person dealing with trustee), 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. [2005 c.348 §83]

Law Review Cita­tions

42 WLR 187 (2006)

Chapter 130

Law Review Cita­tions

42 WLR 187 (2006)


1 Legislative Counsel Committee, CHAPTER 130—Uniform Trust Code, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors130.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 130, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano130.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.