Code of Alabama
Ala. Code § 19-3B-1001 (2026)
Remedies for Breach of Trust.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A violation by a trustee of a duty the trustee owes to a beneficiary is 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 as provided in Section 19-3B-706;
(8) reduce or deny compensation to the trustee;
(9) subject to Section 19-3B-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.
(Act 2006-216, p. 314, §1.)
Notes of Decisions
Cited in 6
cases (3 in the last 5 years), 2010–2025 · leading case: Regions Bank v. Reed, 60 So. 3d 868 (Ala. 2010).
Regions Bank v. Reed, 60 So. 3d 868 (Ala. 2010). “” § 19-3B-1001(a), Ala.Code 1975. . Both the sisters in their briefs and Judge Graffeo in his response to Regions’ petition for a writ of mandamus suggest that there were procedural defects in Regions’ petition for final settlement that caused it not to be the first action filed…”
Ex parte Steve Marshall, in his Off. capacity as Attorney Gen. of the State of Alabama (In re: Megan Carmack & Leigh Gully Manning, individually & on behalf of minor Child., Michaelyn Leigh Manning & Michael Sanders Manning v. Regions Bank, in its fiduciary capacity as Tr. of the Mabel Amos Mem'l Fund) (Montgomery Circuit Court: CV-22-900830) & (In re: Tyra Lindsey, a minor, by & through her mother & guardian, Denese Rankin; & Steve Marshall, in his Off. capacity as Attorney Gen. of the State of Alabama v. Regions Bank, in its fiduciary capacity as Tr. of the Mabel Amos Mem'l Fund) (Montgomery Circuit Court: CV-23-900219). (Ala. 2025). “Pertinent to the current mandamus petition, however, the circuit court appointed White as a special fiduciary under § 19-3B-1001. In his petition before this Court, Marshall argues that, even though the circuit court purported to appoint White as a special fiduciary under §…”
Regions Bank v. Kramer, 98 So. 3d 510 (Ala. 2012). “’ § 19-3B-1001(a), Ala.Code 1975.” Reed, 60 So.”
Ivey v. King, 142 So. 3d 467 (Ala. 2013). “Code [1975,] § 19-3B-1001(b)(5).” Ivey filed a motion to dismiss King’s amended complaint based on King’s alleged failure to add certain indispensable parties; Ivey did not specify which parties were indispensable, nor did he explain why he believed that any other parties needed…”
Ex parte Steve Marshall, in his Off. capacity as Attorney Gen. of the State of Alabama PETITION FOR WRIT OF MANDAMUS (In re: Tyra Lindsey, a minor, by & through her mother & guardian, Denese Rankin & Steve Marshall, in his Off. capacity as the Attorney Gen. of the State of Alabama v. Regions Bank, in its fiduciary capacity as Tr. of the Mabel Amos Mem'l Fund) (Montgomery Circuit Court: CV-23-900219). (Ala. 2024). “In their respective answers filed with this Court, Carmack and Leigh and Lindsey argue that, even if it exceeded its discretion by referring all the matters in these cases to a special master under Rule 53, the circuit court had the authority to appoint a special master under §…”
Ex parte Steve Marshall, in his Off. capacity as Attorney Gen. of the State of Alabama PETITION FOR WRIT OF MANDAMUS (In re: Megan Carmack & Leigh Gulley Manning, individually & on behalf of minor Child., Michaelyn Leigh Manning & Michael Sanders Manning v. Regions Bank, in its fiduciary capacity as Tr. of the Mabel Amos Mem'l Fund) (Montgomery Circuit Court: CV-22-900830). (Ala. 2024). “In their respective answers filed with this Court, Carmack and Leigh and Lindsey argue that, even if it exceeded its discretion by referring all the matters in these cases to a special master under Rule 53, the circuit court had the authority to appoint a special master under §…”
— Ala. Code § 19-3B-1001(a) — 2 cases
Regions Bank v. Reed, 60 So. 3d 868 (Ala. 2010). “” § 19-3B-1001(a), Ala.Code 1975. . Both the sisters in their briefs and Judge Graffeo in his response to Regions’ petition for a writ of mandamus suggest that there were procedural defects in Regions’ petition for final settlement that caused it not to be the first action filed…”
Regions Bank v. Kramer, 98 So. 3d 510 (Ala. 2012). “’ § 19-3B-1001(a), Ala.Code 1975.” Reed, 60 So.”
— Ala. Code § 19-3B-1001(b) — 1 case
Ex parte Steve Marshall, in his Off. capacity as Attorney Gen. of the State of Alabama (In re: Megan Carmack & Leigh Gully Manning, individually & on behalf of minor Child., Michaelyn Leigh Manning & Michael Sanders Manning v. Regions Bank, in its fiduciary capacity as Tr. of the Mabel Amos Mem'l Fund) (Montgomery Circuit Court: CV-22-900830) & (In re: Tyra Lindsey, a minor, by & through her mother & guardian, Denese Rankin; & Steve Marshall, in his Off. capacity as Attorney Gen. of the State of Alabama v. Regions Bank, in its fiduciary capacity as Tr. of the Mabel Amos Mem'l Fund) (Montgomery Circuit Court: CV-23-900219). (Ala. 2025). “Pertinent to the current mandamus petition, however, the circuit court appointed White as a special fiduciary under § 19-3B-1001. In his petition before this Court, Marshall argues that, even though the circuit court purported to appoint White as a special fiduciary under §…”
— Ala. Code § 19-3B-1001(b)(4) — 1 case
Ex parte Steve Marshall, in his Off. capacity as Attorney Gen. of the State of Alabama (In re: Megan Carmack & Leigh Gully Manning, individually & on behalf of minor Child., Michaelyn Leigh Manning & Michael Sanders Manning v. Regions Bank, in its fiduciary capacity as Tr. of the Mabel Amos Mem'l Fund) (Montgomery Circuit Court: CV-22-900830) & (In re: Tyra Lindsey, a minor, by & through her mother & guardian, Denese Rankin; & Steve Marshall, in his Off. capacity as Attorney Gen. of the State of Alabama v. Regions Bank, in its fiduciary capacity as Tr. of the Mabel Amos Mem'l Fund) (Montgomery Circuit Court: CV-23-900219). (Ala. 2025). “Pertinent to the current mandamus petition, however, the circuit court appointed White as a special fiduciary under § 19-3B-1001. In his petition before this Court, Marshall argues that, even though the circuit court purported to appoint White as a special fiduciary under §…”
— Ala. Code § 19-3B-1001(b)(5) — 2 cases
Ivey v. King, 142 So. 3d 467 (Ala. 2013). “Code [1975,] § 19-3B-1001(b)(5).” Ivey filed a motion to dismiss King’s amended complaint based on King’s alleged failure to add certain indispensable parties; Ivey did not specify which parties were indispensable, nor did he explain why he believed that any other parties needed…”
Ex parte Steve Marshall, in his Off. capacity as Attorney Gen. of the State of Alabama (In re: Megan Carmack & Leigh Gully Manning, individually & on behalf of minor Child., Michaelyn Leigh Manning & Michael Sanders Manning v. Regions Bank, in its fiduciary capacity as Tr. of the Mabel Amos Mem'l Fund) (Montgomery Circuit Court: CV-22-900830) & (In re: Tyra Lindsey, a minor, by & through her mother & guardian, Denese Rankin; & Steve Marshall, in his Off. capacity as Attorney Gen. of the State of Alabama v. Regions Bank, in its fiduciary capacity as Tr. of the Mabel Amos Mem'l Fund) (Montgomery Circuit Court: CV-23-900219). (Ala. 2025). “Pertinent to the current mandamus petition, however, the circuit court appointed White as a special fiduciary under § 19-3B-1001. In his petition before this Court, Marshall argues that, even though the circuit court purported to appoint White as a special fiduciary under §…”
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