§ 15-5-706 — Removal of trustee

(1) The settlor, a cotrustee, or a beneficiary
may request the court to remove a trustee, 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 the trust;

(c) Because of unfitness, unwillingness, or persistent failure of the trustee to
administer the trust effectively, the court determines that removal of the trustee
best serves the interests of the beneficiaries; or

(d) (I) There has been a substantial change of circumstances or removal is
requested by all of the qualified beneficiaries;

(II) The court finds that removal of the trustee best serves the interests of all
of the beneficiaries and is not inconsistent with a material purpose of the trust; and

(III) A suitable cotrustee or successor trustee is available.

(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
pursuant to section 15-5-1001 (2) as may be necessary to protect the trust property
or the interests of the beneficiaries.

Legislative History

Source: L. 2018: Entire article added, (SB 18-180), ch. 169, p. 1171, � 1, effective January 1, 2019.