Uniform Trust Code
(1)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.
(2)A court may remove a trustee if the court finds:
(a)The trustee has committed a serious breach of trust;
(b)Lack of cooperation among cotrustees substantially impairs the administration of the trust;
(c)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
(d)Removal of the trustee best serves the interests of all of the beneficiaries and:
(A)There has been a substantial change of circumstances or removal has been requested by all of the qualified beneficiaries;
(B)A suitable cotrustee or successor trustee is available; and
(C)The trustee fails to establish by clear and convincing evidence that removal is inconsistent with a material purpose of the trust.
(3)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) (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)