Ark. Code Ann. » Title 28 Chapter 73
Arkansas Code Annotated

Ark. Code Ann. § 28-73-1001 (2020)

Remedies for breach of trust

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
  2. 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 § 28-73-706;
    8. reduce or deny compensation to the trustee;
    9. subject to § 28-73-1012, 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.

History. Acts 2005, No. 1031, § 1.

Case Notes

Accounting.

To remedy a breach of trust that has occurred or may occur, the court may order a trustee to account; thus, an accounting is a remedy, not a separate cause of action. Dawson v. Stoner-Sellers, 2019 Ark. 410, 591 S.W.3d 299 (2019).

Statute of Limitations.

Although the beneficiary's claims nominally sounded in tort, they were predominantly assertions of a breach of trust; therefore, the statute of limitations in the Arkansas Trust Code in § 28-73-1005 controlled, rather than the more general three-year tort limitations period in § 16-56-105. The beneficiary's allegations clearly involved claims that the trustee breached her duties as trustee in her administration of the trusts. Peck v. Peck, 2019 Ark. App. 190, 575 S.W.3d 137 (2019).

Beneficiary's claims that the trustee converted trust assets, deposited proceeds into her personal accounts, and actively concealed and failed to disclose her dealings with trust assets and investment of proceeds were assertions of breach of trust; by alleging a breach of duty to the trust beneficiaries, the beneficiary necessarily alleged a breach of trust. Peck v. Peck, 2019 Ark. App. 190, 575 S.W.3d 137 (2019).

Notes of Decisions
Cited in 2 cases, 2019–2019 · leading case: Ray H. Dawson, Jr. Janelle D. Stoner-Sellers, Individually & as Tr. of R&Ld Trust, R&Ld Trust II, & R&Ld Trust III, 2019 Ark. 410, 591 S.W.3d 299.
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Ray H. Dawson, Jr. Janelle D. Stoner-Sellers, Individually & as Tr. of R&Ld Trust, R&Ld Trust II, & R&Ld Trust III, 2019 Ark. 410, 591 S.W.3d 299. · cites it 2× “Ark. Code Ann. § 28-73-1001 (b)(4). Thus, an accounting is a remedy, not a separate cause of action.”
Peck v. Peck, 2019 Ark. App. 190, 575 S.W.3d 137. · cites it 8× “There has been very little Arkansas case law interpreting its provisions; however, the ATC provides that a "violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.”
Ark. Code Ann. § 28-73-1001(a): 1 case
Peck v. Peck, 2019 Ark. App. 190, 575 S.W.3d 137. “There has been very little Arkansas case law interpreting its provisions; however, the ATC provides that a "violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.”
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