Breach of trust — actions
99 Acts, ch 125, §74, 109 C2001, §633.4502 2002 Acts, ch 1107, §16; 2005 Acts, ch 38, §54, 55 CS2005, §633A.4502 2009 Acts, ch 52, §10; 2010 Acts, ch 1137, §8
1. Except as provided in section 633A.4213, to remedy a breach of trust which has occurred or may occur, a beneficiary or cotrustee of the trust may request the court to do any of the following:
- 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 payment of money or otherwise.
- d. Appoint a receiver or temporary trustee to take possession of the trust property and administer the trust.
- e. Remove the trustee.
- f. Reduce or deny compensation to the trustee.
- g. Subject to section 633A.4603, nullify an act of the trustee, impose an equitable lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds.
- h. Order any other appropriate relief.
- 2. The exception created in subsection 1 of this section does not apply to any trust created prior to July 1, 2002.
99 Acts, ch 125, §74, 109 C2001, §633.4502 2002 Acts, ch 1107, §16; 2005 Acts, ch 38, §54, 55 CS2005, §633A.4502 2009 Acts, ch 52, §10; 2010 Acts, ch 1137, §8