§ 36C-7-706. Removal of trustee.
§ 36C‑7‑706. Removal of trustee.
(a) For the reasons setforth in subsection (b) of this section, the settlor of an irrevocable trust, acotrustee of an irrevocable trust, or a beneficiary of an irrevocable trust mayrequest the court to remove a trustee, or a trustee may be removed by the courton its own initiative.
(b) The court mayremove a trustee if:
(1) The trustee hascommitted a serious breach of trust;
(2) Lack of cooperationamong cotrustees substantially impairs the administration of the trust;
(3) Because ofunfitness, unwillingness, or persistent failure of the trustee to administerthe trust effectively, the court determines that removal of the trustee bestserves the interests of the beneficiaries; or
(4) There has been asubstantial change of circumstances, the court finds that removal of thetrustee best serves the interests of all of the beneficiaries and is consistentwith a material purpose of the trust, and a suitable cotrustee or successortrustee is available.
(c) Pending a finaldecision on a request to remove a trustee, or in lieu of or in addition toremoving a trustee, the court may order appropriate relief under G.S. 36C‑10‑1001(b)as may be necessary to protect the trust property or the interests of thebeneficiaries. (2005‑192,s. 2.)