53-12-301. Actions for breach of trust.

If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary shall have a cause of action to seek:#

1. (1)

   To recover damages;#

2. (2)

   To compel the trustee to perform the trustee’s duties;#

3. (3)

   To require an accounting;#

4. (4)

   To enjoin the trustee from committing a breach of trust;#

5. (5)

   To compel the trustee to redress a breach of trust by payment of money or otherwise;#

6. (6)

   To appoint a temporary trustee to take possession of the trust property and administer the trust or to suspend a trustee with or without the appointment of a temporary trustee;#

7. (7)

   To remove the trustee; and#

8. (8)

   To reduce or deny compensation of the trustee.#

When trust assets are misapplied and can be traced in the hands of persons affected with notice of the misapplication, the trust shall attach to such assets. A creditor of a trust may follow assets in the hands of beneficiaries even if they were received without notice.#

The remedy set forth in subsection (c) of Code Section 53-12-363 shall be the exclusive remedy for an abuse of discretion as provided in Code Sections 53-12-361 and 53-12-362.#

If the settlor of a trust provides for both charitable and noncharitable purposes, the settlor or a donor may maintain a civil action to enforce the charitable purposes of the trust.#

The provision of remedies for breach of trust shall not prevent resort to any other appropriate remedy provided by statute or common law.#