§ 36C-7-706. Removal of trustee. - North Carolina Statutes

§ 36C‑7‑706. Removal of trustee.

(a)        For the reasons setforth in subsection (b) of this section, the settlor of an irrevocable trust, acotrustee of an irrevocable trust, or a beneficiary of an irrevocable trust mayrequest the court to remove a trustee, or a trustee may be removed by the courton its own initiative.

(b)        The court mayremove a trustee if:

(1)        The trustee hascommitted a serious breach of trust;

(2)        Lack of cooperationamong cotrustees substantially impairs the administration of the trust;

(3)        Because ofunfitness, unwillingness, or persistent failure of the trustee to administerthe trust effectively, the court determines that removal of the trustee bestserves the interests of the beneficiaries; or

(4)        There has been asubstantial change of circumstances, the court finds that removal of thetrustee best serves the interests of all of the beneficiaries and is consistentwith a material purpose of the trust, and a suitable cotrustee or successortrustee is available.

(c)        Pending a finaldecision on a request to remove a trustee, or in lieu of or in addition toremoving a trustee, the court may order appropriate relief under G.S. 36C‑10‑1001(b)as may be necessary to protect the trust property or the interests of thebeneficiaries. (2005‑192,s. 2.)