Title 75B
Chapter 2
Part 10
Section 1002
| Index | Utah Code |
| Title 75B | Trusts |
| Chapter 2 | Uniform Trust Code |
| Part 10 | Liability of Trustees and Rights of Persons Dealing with Trustee |
| Section 1002 | Damages for breach of trust.
(Effective 5/7/2025)
|
Effective 5/7/2025
75B-2-1002.
Damages for breach of trust.
| (1) | A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:
| (a) | the amount required to restore the value of the trust property and trust distributions to what the beneficiaries would have been had the breach not occurred; or |
| (b) | the profit the trustee made by reason of the breach. |
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| (2) |
| (a) | Except as otherwise provided in this Subsection (2), 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. |
| (b) | 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. |
| (c) | 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. |
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Renumbered and Amended by Chapter
310, 2025 General Session