Arkansas Code Title 28, Subtitle 5, Chapter 73, Subchapter 10 - Liability of Trustees and Rights of Persons Dealing With Trustees

• § 28-73-1001 - Remedies for Breach of Trust.
  (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...
• § 28-73-1002 - Damages for Breach of Trust.
  (a) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of: (1) the amount required to...
• § 28-73-1003 - Damages in Absence of Breach.
  (a) A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even...
• § 28-73-1004 - Attorney's Fees and Costs.
  In a judicial proceeding involving the administration of a trust, a court, as justice and equity may require, may award costs and expenses, including...
• § 28-73-1005 - Limitation of Action Against Trustee.
  (a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one (1) year after the date the...
• § 28-73-1006 - Reliance on Trust Instrument.
  A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a...
• § 28-73-1007 - Event Affecting Administration or Distribution.
  If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a...
• § 28-73-1008 - Exculpation of Trustee.
  (a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it: (1) relieves...
• § 28-73-1009 - Beneficiary's Consent, Release, or Ratification.
  A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the...
• § 28-73-1010 - Limitation on Personal Liability of Trustee.
  (a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary...
• § 28-73-1011 - Interest As General Partner.
  (a) Except as otherwise provided in subsection (c) or unless personal liability is imposed in the contract, a trustee who holds an interest as...
• § 28-73-1012 - Protection of Person Dealing With Trustee.
  (a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with...
• § 28-73-1013 - Certification of Trust.
  (a) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person...

Last modified: November 15, 2016