58a-706. Removal of trustee. - Kansas Statutes

58a-706

Chapter 58a.--KANSAS UNIFORM TRUST CODE Article 7.--OFFICE OF TRUSTEE

      58a-706.   Removal of trustee.(a) The settlor, if living,acotrustee, or a qualified beneficiary may request the court to remove atrustee,or a trustee may be removed by the court on its own initiative.

      (b)   The court may remove a trustee if:

      (1)   The trustee has committed a breach of trust;

      (2)   lack of cooperation among cotrustees substantially impairs theadministrationof the trust;

      (3)   because of unfitness, unwillingness, or persistent failure of thetrustee toadminister the trust effectively, the court determines that removal of thetrustee best serves theinterests of the beneficiaries and is consistent with the terms of the trust;or

      (4)   there has been a substantial change of circumstancesand the court finds that removal of thetrustee best serves theinterests of all of the beneficiaries, is consistent with the terms of thetrust, is not inconsistent with a materialpurpose of the trust, anda suitable cotrustee or successor trustee is available.

      (c)   Pending a final decision on a request to remove a trustee, or in lieu ofor in additionto removing a trustee, the court may order such appropriate relief undersubsection (b) of K.S.A. 58a-1001, and amendments thereto, as may benecessary to protect the trust property or the interests of the beneficiaries.

      History:   L. 2002, ch. 133, § 54; Jan. 1, 2003.