Mich. Comp. Laws » Michigan Compiled Laws / Chapter 700 / Act 386 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 700.7901 (2026)

Remedies for breach of trust.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.7901 Remedies for breach of trust.

Sec. 7901.

    (1) A violation by a trustee of a duty the trustee owes to a trust beneficiary is a breach of trust.

    (2) To remedy a breach of trust that has occurred or may occur, the court may 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 paying money, restoring property, or other means.

    (d) Order a trustee to account.

    (e) Appoint a special fiduciary to take possession of the trust property and administer the trust.

    (f) Suspend the trustee.

    (g) Remove the trustee as provided in section 7706.

    (h) Reduce or deny compensation to the trustee.

    (i) Subject to section 7912, 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.

    (j) Order any other appropriate relief.

History: Add. 2009, Act 46, Eff. Apr. 1, 2010

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Notes of Decisions
Cited in 29 cases (12 in the last 5 years), 2013–2026 · leading case: Brody v. Deutchman (In Re Rhea Brody Living Trust), 910 N.W.2d 348 (Mich. Ct. App. 2017).
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Brody v. Deutchman (In Re Rhea Brody Living Trust), 910 N.W.2d 348 (Mich. Ct. App. 2017). · cites it 8× “Cathy argues that, regardless of the rules of contract, the probate court was permitted to reform the purchase agreement for the Brittany Park sale pursuant to its broad power under MCL 700.7901 to remedy a breach of trust.”
in Re Bradley Est., 835 N.W.2d 545 (Mich. 2013). · cites it 2× “6 See MCL 700.7901. 3 contract. A breach of trust stems not from the violation of a bargained-for-exchange, but rather from duties arising out of the special relationship of the parties.”
Ducharme v. Ducharme, 850 N.W.2d 607 (Mich. Ct. App. 2014). · cites it 4× “Both the breach-of-trust statute, MCL 700.7901, and the breaeh-of-fiduciary-duty statutes, see, e.”
In re Miller Osborne Perry Trust, 831 N.W.2d 251 (Mich. Ct. App. 2013). “7812, MCL 700.7901, MCL 700.7902, we conclude that she has a sufficient pecuniary interest to meet the requirements stated under MCR 7.”
Sebastian J Mancuso Fam. Trust v. City of Charlevoix, 831 N.W.2d 907 (Mich. Ct. App. 2013). “7817 (listing specific powers of a trustee); MCL 700.7901 (listing remedies for a breach of trust by a trustee); MCL 700.”
in the Matter of Rhea Brody Living Trust (Mich. Ct. App. 2017). · cites it 8× “Cathy argues that, regardless of the rules of contract, the probate court was permitted to reform the purchase agreement for the Brittany Park sale pursuant to its broad power under MCL 700.7901 to remedy a breach of trust.”
In Re Stephenson Est. (Mich. Ct. App. 2023). · cites it 8× “7815; and MCL 700.7901. [Footnotes omitted.] -6- In its order on the parties’ motions for clarification and reconsideration, the probate court continued to find that Stephenson “did not have the authority to make gifts/distributions after Vernon Stephenson’s death, pursuant to…”
In Re Allen R Soble Revocable Trust (Mich. Ct. App. 2024). · cites it 8× “(2) To remedy a breach of trust that has occurred or may occur, the court may do any of the following: *** (h) Reduce or deny compensation to the trustee. *** (j) Order any other appropriate relief.”
in Re Rayola a Banfield Revocable Trust (Mich. Ct. App. 2016). · cites it 7× “At a status conference on February 19, 2014, the probate court indicated that it did not intend for the temporary status of the appointed trustee to hinder the trustee’s actions and amended the order to appoint Schaller as successor trustee pursuant to MCL 700.7901. On March 4,…”
in Re Poston Est. (Mich. Ct. App. 2017). · cites it 7× “7706, nor MCL 700.7901, mandate that a court remove a trustee for breach of trust, as evidenced by each statute’s use of the word “may.”
in Re Poston Est. (Mich. Ct. App. 2017). · cites it 7× “7706, nor MCL 700.7901, mandate that a court remove a trustee for breach of trust, as evidenced by each statute’s use of the word “may.”
in Re Maurice J Veilleux Trust (Mich. Ct. App. 2018). · cites it 6× “The probate court properly exercised its discretion in declining to surcharge either Polk or Gail under MCL 700.7901. To the extent James argues that Polk or Gail engaged in intentional concealment with respect to notification of his appointment or the Trust’s administration, he…”
Show all 29 citing cases →
— Mich. Comp. Laws § 700.7901(1) — 14 cases
Ducharme v. Ducharme, 850 N.W.2d 607 (Mich. Ct. App. 2014). “Both the breach-of-trust statute, MCL 700.7901, and the breaeh-of-fiduciary-duty statutes, see, e.”
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017).
In Re Anne M Spivak Revocable Trust (Mich. Ct. App. 2022).
In Re Allen R Soble Revocable Trust (Mich. Ct. App. 2024). “(2) To remedy a breach of trust that has occurred or may occur, the court may do any of the following: *** (h) Reduce or deny compensation to the trustee. *** (j) Order any other appropriate relief.”
in Re Poston Est. (Mich. Ct. App. 2017). “7706, nor MCL 700.7901, mandate that a court remove a trustee for breach of trust, as evidenced by each statute’s use of the word “may.”
— Mich. Comp. Laws § 700.7901(1)(c) — 1 case
In Re Stephenson Est. (Mich. Ct. App. 2023). “7815; and MCL 700.7901. [Footnotes omitted.] -6- In its order on the parties’ motions for clarification and reconsideration, the probate court continued to find that Stephenson “did not have the authority to make gifts/distributions after Vernon Stephenson’s death, pursuant to…”
— Mich. Comp. Laws § 700.7901(1)(g) — 1 case
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 700.7901(2) — 7 cases
in Re Rayola a Banfield Revocable Trust (Mich. Ct. App. 2016). “At a status conference on February 19, 2014, the probate court indicated that it did not intend for the temporary status of the appointed trustee to hinder the trustee’s actions and amended the order to appoint Schaller as successor trustee pursuant to MCL 700.7901. On March 4,…”
In Re Michael Eyde Trust (Mich. Ct. App. 2024).
In Re Allen R Soble Revocable Trust (Mich. Ct. App. 2024). “(2) To remedy a breach of trust that has occurred or may occur, the court may do any of the following: *** (h) Reduce or deny compensation to the trustee. *** (j) Order any other appropriate relief.”
in Re Maurice J Veilleux Trust (Mich. Ct. App. 2018). “The probate court properly exercised its discretion in declining to surcharge either Polk or Gail under MCL 700.7901. To the extent James argues that Polk or Gail engaged in intentional concealment with respect to notification of his appointment or the Trust’s administration, he…”
in Re Maurice J Veilleux Trust (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 700.7901(2)(c) — 7 cases
in Re Maurice J Veilleux Trust (Mich. Ct. App. 2018). “The probate court properly exercised its discretion in declining to surcharge either Polk or Gail under MCL 700.7901. To the extent James argues that Polk or Gail engaged in intentional concealment with respect to notification of his appointment or the Trust’s administration, he…”
in Re Maurice J Veilleux Trust (Mich. Ct. App. 2018).
Jones v. Hood (E.D. Mich. 2025).
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017).
In Re Anne M Spivak Revocable Trust (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 700.7901(2)(e) — 2 cases
in Re Rayola a Banfield Revocable Trust (Mich. Ct. App. 2016). “At a status conference on February 19, 2014, the probate court indicated that it did not intend for the temporary status of the appointed trustee to hinder the trustee’s actions and amended the order to appoint Schaller as successor trustee pursuant to MCL 700.7901. On March 4,…”
In Re Michael Eyde Trust (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 700.7901(2)(g) — 4 cases
in Re Poston Est. (Mich. Ct. App. 2017). “7706, nor MCL 700.7901, mandate that a court remove a trustee for breach of trust, as evidenced by each statute’s use of the word “may.”
in Re Poston Est. (Mich. Ct. App. 2017). “7706, nor MCL 700.7901, mandate that a court remove a trustee for breach of trust, as evidenced by each statute’s use of the word “may.”
In Re Stephenson Est. (Mich. Ct. App. 2023). “7815; and MCL 700.7901. [Footnotes omitted.] -6- In its order on the parties’ motions for clarification and reconsideration, the probate court continued to find that Stephenson “did not have the authority to make gifts/distributions after Vernon Stephenson’s death, pursuant to…”
In Re King Est. (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 700.7901(2)(h) — 3 cases
In Re Allen R Soble Revocable Trust (Mich. Ct. App. 2024). “(2) To remedy a breach of trust that has occurred or may occur, the court may do any of the following: *** (h) Reduce or deny compensation to the trustee. *** (j) Order any other appropriate relief.”
in Re Poston Est. (Mich. Ct. App. 2017). “7706, nor MCL 700.7901, mandate that a court remove a trustee for breach of trust, as evidenced by each statute’s use of the word “may.”
in Re Poston Est. (Mich. Ct. App. 2017). “7706, nor MCL 700.7901, mandate that a court remove a trustee for breach of trust, as evidenced by each statute’s use of the word “may.”
— Mich. Comp. Laws § 700.7901(2)(i) — 3 cases
Brody v. Deutchman (In Re Rhea Brody Living Trust), 910 N.W.2d 348 (Mich. Ct. App. 2017). “Cathy argues that, regardless of the rules of contract, the probate court was permitted to reform the purchase agreement for the Brittany Park sale pursuant to its broad power under MCL 700.7901 to remedy a breach of trust.”
in the Matter of Rhea Brody Living Trust (Mich. Ct. App. 2017). “Cathy argues that, regardless of the rules of contract, the probate court was permitted to reform the purchase agreement for the Brittany Park sale pursuant to its broad power under MCL 700.7901 to remedy a breach of trust.”
Jcp Trust V Peter E O'Dovero (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 700.7901(2)(j) — 4 cases
Brody v. Deutchman (In Re Rhea Brody Living Trust), 910 N.W.2d 348 (Mich. Ct. App. 2017). “Cathy argues that, regardless of the rules of contract, the probate court was permitted to reform the purchase agreement for the Brittany Park sale pursuant to its broad power under MCL 700.7901 to remedy a breach of trust.”
in the Matter of Rhea Brody Living Trust (Mich. Ct. App. 2017). “Cathy argues that, regardless of the rules of contract, the probate court was permitted to reform the purchase agreement for the Brittany Park sale pursuant to its broad power under MCL 700.7901 to remedy a breach of trust.”
20221117_C357831_47_357831.Opn.Pdf (Mich. Ct. App. 2022).
In Re Stephenson Est. (Mich. Ct. App. 2023). “7815; and MCL 700.7901. [Footnotes omitted.] -6- In its order on the parties’ motions for clarification and reconsideration, the probate court continued to find that Stephenson “did not have the authority to make gifts/distributions after Vernon Stephenson’s death, pursuant to…”
— Mich. Comp. Laws § 700.7901(c) — 2 cases
in Re Maurice J Veilleux Trust (Mich. Ct. App. 2018). “The probate court properly exercised its discretion in declining to surcharge either Polk or Gail under MCL 700.7901. To the extent James argues that Polk or Gail engaged in intentional concealment with respect to notification of his appointment or the Trust’s administration, he…”
in Re Maurice J Veilleux Trust (Mich. Ct. App. 2018).
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