Uniform Trust Code
ORS
130.625
UTC 706
(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)