(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) Removal is not inconsistent with a material purpose of the trust; and
(C) 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 under ORS 130.800 (2) as may be necessary to protect the trust property or the interests of the beneficiaries. [2005 c.348 §55]
Section: Previous 130.570 130.575 130.600 130.605 130.610 130.615 130.620 130.625 130.630 130.635 130.640 130.650 130.655 130.660 130.665 NextLast modified: August 7, 2008