§ 36C-7-706. Removal of trustee.

215 words·~1 min read·/nc/chapter-36c/36c-7-706

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)For the reasons set forth in subsection

(b)of this section, the settlor of an irrevocable trust, a cotrustee of an irrevocable trust, or a beneficiary of an irrevocable trust may request the court to remove a trustee, 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 serious breach of trust;

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

(3)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

(4)There has been a substantial change of circumstances, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is consistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.

(c)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 appropriate relief under G.S. 36C-10-1001(b) as may be necessary to protect the trust property or the interests of the beneficiaries. (2005-192, s. 2.)