Del. C. » Title 12 — Fiduciary Relations · CHAPTER 35. Trusts · Decedents’ Estates and Fiduciary Relations

12 Del. C. § 3581

Breach of trust; equitable remedies

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(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 order any equitable remedy, including:

(1) Compelling the trustee to perform the trustee’s duties;

(2) Enjoining the trustee from committing a breach of trust;

(3) Compelling the trustee to redress a breach of trust by paying money, restoring property, or other means;

(4) Ordering a trustee to account;

(5) Appointing a special fiduciary to take possession of the trust property and administer the trust;

(6) Suspending or removing the trustee;

(7) Reducing or denying compensation to the trustee;

(8) Subject to § 3590 of this title, voiding an act of the trustee, imposing a lien or a constructive trust on trust property or tracing trust property wrongfully disposed of and recover the property or its proceeds; or

(9) Granting any other appropriate relief.

72 Del. Laws, c. 388, §  7;  73 Del. Laws, c. 409, §  4; 
Notes of Decisions
Cited in 8 cases (6 in the last 5 years), 2017–2024 · leading case: Wells Lory Hillblom v. Wilmington Trust Company
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Wells Lory Hillblom v. Wilmington Trust Company (2022) delch · cites it 2× “12 Del. C. § 3581(a) (“A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.”
Douglas W. du Pont v. Wilmington Trust Company (2017) delch “There is, however, useful guidance in an official comment to Section 706 of the Uniform Trust Code (“UTC”), which 21 See 12 Del. C. § 3581(a) (defining a “breach of trust” as “[a] violation by a trustee of a duty the trustee owes to a beneficiary”).”
Douglas W. du Pont v. Wilmington Trust Company (2017) delch “There is, however, useful guidance in an official comment to Section 706 of the Uniform Trust Code (“UTC”), which 21 See 12 Del. C. § 3581(a) (defining a “breach of trust” as “[a] violation by a trustee of a duty the trustee owes to a beneficiary”).”
Christopher J. Tigani, Sr. v. Robert F. Tigani, Sr. and N.K.S. Distributors, Inc. (2021) delch “July 29, 2014); see also 12 Del. C. § 3581(a) (“A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.”
In the Matter of the Jeremy Paradise Dynasty Trust and The Andrew Paradise Dynasty Trust (2021) delch “at 47; 12 Del. C. § 3581(b). 49 12 Del. C. § 3303(a) (emphasis added).”
Tina Renee Rambo v. Kimberly S. Fischer (2022) delch “12 Del. C. § 3581(b)(4). Tina Renee Rambo v.”
Lisa M. Sweeney v. Mark Sweeney (2024) delch “167 163 Mennen, 2015 WL 1914599 , at *35 (citing 12 Del. C. § 3581(b)(3)). 164 Trial Tr. at 100:9–13 (Lisa) (“We paid car insurance of [$]442 quarterly for four years.”
In the Matter of the Bernadine E. Campo Irrevocable Trust (2024) delch “77 I find that 74 12 Del. C. § 3581(b)(4) and (9). 75 12 Del.”
— 12 Del. C. § 3581(a) — 4 cases
Wells Lory Hillblom v. Wilmington Trust Company (2022) delch “12 Del. C. § 3581(a) (“A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.”
Douglas W. du Pont v. Wilmington Trust Company (2017) delch “There is, however, useful guidance in an official comment to Section 706 of the Uniform Trust Code (“UTC”), which 21 See 12 Del. C. § 3581(a) (defining a “breach of trust” as “[a] violation by a trustee of a duty the trustee owes to a beneficiary”).”
Douglas W. du Pont v. Wilmington Trust Company (2017) delch “There is, however, useful guidance in an official comment to Section 706 of the Uniform Trust Code (“UTC”), which 21 See 12 Del. C. § 3581(a) (defining a “breach of trust” as “[a] violation by a trustee of a duty the trustee owes to a beneficiary”).”
Christopher J. Tigani, Sr. v. Robert F. Tigani, Sr. and N.K.S. Distributors, Inc. (2021) delch “July 29, 2014); see also 12 Del. C. § 3581(a) (“A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.”
— 12 Del. C. § 3581(b) — 1 case
In the Matter of the Jeremy Paradise Dynasty Trust and The Andrew Paradise Dynasty Trust (2021) delch “at 47; 12 Del. C. § 3581(b). 49 12 Del. C. § 3303(a) (emphasis added).”
— 12 Del. C. § 3581(b)(3) — 1 case
Lisa M. Sweeney v. Mark Sweeney (2024) delch “167 163 Mennen, 2015 WL 1914599 , at *35 (citing 12 Del. C. § 3581(b)(3)). 164 Trial Tr. at 100:9–13 (Lisa) (“We paid car insurance of [$]442 quarterly for four years.”
— 12 Del. C. § 3581(b)(4) — 2 cases
Tina Renee Rambo v. Kimberly S. Fischer (2022) delch “12 Del. C. § 3581(b)(4). Tina Renee Rambo v.”
In the Matter of the Bernadine E. Campo Irrevocable Trust (2024) delch “77 I find that 74 12 Del. C. § 3581(b)(4) and (9). 75 12 Del.”
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