Removal of Trustee

Removal of Trustee

Removal of Trustee

Grounds include serious breach, lack of cooperation among co-trustees, unfitness or persistent failure to administer effectively, and substantial change in circumstances where removal serves the beneficiaries' interests.

Unanimous beneficiary request supports removal in some circumstances.

Alternative Names:

Trustee Removal|Petition to Remove Trustee

Why it Matters?

The Uniform Trust Code permits removal on unanimous beneficiary request where removal serves their interests, is not inconsistent with a material trust purpose, and a suitable successor is available, which provides a route that does not require proving breach. Hostility between trustee and beneficiaries alone is insufficient unless it impairs administration. Documenting administrative failure rather than personality conflict is the productive approach.

Frequently Confused with

Related terms

Frequently asked questions

Is proving breach required?

Is proving breach required?

Not always. Unanimous beneficiary request may support removal where a suitable successor is available.

Does hostility justify removal?

Does hostility justify removal?

Only where it impairs administration, since personality conflict alone is insufficient.