Truly Agreed, 2016

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SS HCS HB 1765, 2016    (Amended Section - Proposed Language)

456.7-706. 1. The settlor, a cotrustee, or a qualified beneficiary may request the court to remove a trustee, or a trustee may be removed and replaced by the court within its discretion on its own initiative.
     2. The court within its discretion may remove and replace a trustee under the following circumstances:
     (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) the trustee has substantially and materially reduced the level of services provided to that trust and has failed to reinstate a substantially equivalent level of services within ninety days after receipt of notice by the settlor, a cotrustee, or a qualified beneficiary or removal is requested by all of the qualified beneficiaries and in either such case the party seeking removal establishes to the court that:
     (a) removal of the trustee best serves the interests of all of the beneficiaries;
     (b) removal of the trustee is not inconsistent with a material purpose of the trust; and
     (c) a suitable cotrustee or successor trustee is available and willing to serve.
     3. In an action to remove a trustee under subdivision (4) of subsection 2 of this section, the following apply:
     (1) In the event that a corporation is the trustee being removed, a
replacement cotrustee or successor trustee shall be such trustee or trustees as the court finds suitable under the circumstances.
     (2) In the event that a successor trustee is not appointed under the provisions of section 456.7-704 or the court finds that all potential successor trustees are not suitable, then the court may appoint such trustee or trustees as the court finds suitable under the circumstances.
     (3) With respect to a trust created under an instrument executed before January 1, 2005, the provisions of subdivision (4) of subsection 2 of this section shall not apply if the instrument contains any language or procedures concerning removal of any trustee designated in the trust instrument.
     4. 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 subsection 2 of section 456.10-1001 as may be necessary to protect the trust property or the interests of the beneficiaries.


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