633.4107  Removal of trustee.

1.  A trustee may be removed in accordance with the terms of the trust, or on petition of a settlor, cotrustee, or beneficiary under section 633.6202.

2.  The court may remove a trustee, or order other appropriate relief if any of the following occurs:

a.  If the trustee has committed a material breach of the trust.

b.  If the trustee is unfit to administer the trust.

c.  If hostility or lack of cooperation among cotrustees impairs the administration of the trust.

d.  If the trustee's investment performance is consistently and substantially substandard.

e.  If the trustee's compensation is excessive under the circumstances.

f.  For other good cause shown.

3.  If it appears to the court that trust property or the interests of a beneficiary may suffer loss or injury pending a final decision on a petition for removal of a trustee, the court may suspend the powers of the trustee, compel the trustee to surrender trust property to a cotrustee, receiver, or temporary trustee, or order other appropriate relief.

Section History: Recent form

  99 Acts, ch 125, §42, 109; 2000 Acts, ch 1150, §23

Footnotes

  Section effective July 1, 2000; 99 Acts, ch 125, §109


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