75-7-706 - Removal of trustee.
75-7-706. Removal of trustee.
(1) The settlor, a cotrustee, or a qualified beneficiary may request the court to remove atrustee, or a trustee may be removed by the court on its own initiative.
(2) The court may remove a trustee if:
(a) the trustee has committed a serious breach of trust;
(b) lack of cooperation among cotrustees substantially impairs the administration of thetrust;
(c) because of unfitness, unwillingness, or persistent failure of the trustee to administerthe trust effectively, the court determines that removal of the trustee best serves the interests ofthe beneficiaries; or
(d) there has been a substantial change of circumstances or removal is requested by all ofthe qualified beneficiaries, the court finds that removal of the trustee best serves the interests ofall of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitablecotrustee or successor trustee is available.
(3) Pending a final decision on a request to remove a trustee, or in lieu of or in additionto removing a trustee, the court may order appropriate relief under Subsection 75-7-1001(2)necessary to protect the trust property or the interests of the beneficiaries.
Enacted by Chapter 89, 2004 General Session