Remedies for Trusts Flashcards
1
Q
Breach of Trust
A
remedy options including damages, a constructive trust, tracing and an equitable lien on the property, ratify transaction and waive breach, sue for resulting loss, or remove the trustee.
The trustee cannot offset the losses where one breach results in a gain and another results in a loss.
2
Q
Laches
A
The trustee can argue laches if the beneficiary waited an unreasonably long period to bring a claim that, as a result, caused prejudice to the trustee or other beneficiaries.
