ORS 130.625 UTC 706. Removal of trustee

The settlor, a cotrustee or a beneficiary may request that a court remove a trustee, or a trustee may be removed by a court on its own motion.

A court may remove a trustee if the court finds:

The trustee has committed a serious breach of trust;

Lack of cooperation among cotrustees substantially impairs the administration of the trust;

Removal of the trustee best serves the interests of the beneficiaries because the trustee is unfit or unwilling, or has persistently failed to administer the trust effectively; or

Removal of the trustee best serves the interests of all of the beneficiaries and:

There has been a substantial change of circumstances or removal has been requested by all of the qualified beneficiaries;

A suitable cotrustee or successor trustee is available; and

The trustee fails to establish by clear and convincing evidence that removal is inconsistent with a material purpose of the trust.

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 ORS 130.800 (2) as may be necessary to protect the trust property or the interests of the beneficiaries.