Code of Alabama

Ala. Code § 19-3B-1002 (2026)

Damages for Breach of Trust.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) A trustee who commits a breach of trust is liable to the beneficiaries affected for:

(1) the greater of:

(i) 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; or

(ii) the profit the trustee made by reason of the breach;

(2) any measure of damage otherwise provided by law.

(b) 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 entitled to contribution from another trustee to the extent of the benefit received.

(Act 2006-216, p. 314, §1.)

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Blacklidge v. Anderson (N.D. Ala. 2025).
Blacklidge v. Anderson (N.D. Ala. 2025). · cites it 2× “ust or lien on all trust property; 2) Requiring Defendants to account to the Court for all acts as Trustees of Plaintiff’s Trusts, and on such accounting to convey to the Trusts all assets rightfully belonging to the Plaintiff’s Trusts Estate; 3) Tracing any and all trust…”
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