ORS 130.800: UTC 1001. Remedies for breach of trust.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. A breach of trust may occur by reason of an action or by reason of a failure to act. (2) To remedy a breach of trust that has occurred or to prevent a breach of trust, the court may: (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 pay money or restore property; (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 ORS 130.625; (h) Reduce or deny compensation to the trustee; (i) Subject to ORS 130.855, 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 (j) Order any other appropriate relief. [2005 c.348 §83]
This rule cites
- ORS 130.625 — resolved
- ORS 130.855 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors130.html