Uniform Trust Code

ORS 130.625
UTC 706. Removal of trustee


The settlor, a cotrustee or a beneficiary may request that a court remove a trustee, or a trustee may be removed by a court on its own motion.


A court may remove a trustee if the court finds:


The trustee has committed a serious breach of trust;


Lack of cooperation among cotrustees substantially impairs the administration of the trust;


Removal of the trustee best serves the interests of the beneficiaries because the trustee is unfit or unwilling, or has persistently failed to administer the trust effectively; or


Removal of the trustee best serves the interests of all of the beneficiaries and:


There has been a substantial change of circumstances or removal has been requested by all of the qualified beneficiaries;


A suitable cotrustee or successor trustee is available; and


The trustee fails to establish by clear and convincing evidence that removal is inconsistent with a material purpose of the trust.


Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under ORS 130.800 (UTC 1001. Remedies for breach of trust) (2) as may be necessary to protect the trust property or the interests of the beneficiaries. [2005 c.348 §55; 2013 c.529 §14]

Law Review Citations

42 WLR 187 (2006)

Chapter 130

Law Review Citations

42 WLR 187 (2006)


Last accessed
Jun. 26, 2021