uniform trust code - Kansas Judicial Branch

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(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 or removal is
requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves
the interests of all of the beneficiaries and is not inconsistent 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 such appropriate relief under Section 1001(b)
as may be necessary to protect the trust property or the interests of the beneficiaries.
Kansas Comment
Subsection (a) modifies Kansas law by allowing the court to remove trustee on its own
initiative. Kansas law currently allows the court to remove a trustee upon petition of any person
interested. K.S.A. 58-2412.
Subsection (b)(1) conforms to Kansas law. See K.S.A. 58-2412 (trustee who violates any
express trust may be removed).
Subsection (b)(2) is new, although rule has been recognized as applied to conflict between
trustee and beneficiaries. See In re Estate of Osborn, 179 Kan. 365, 372, 295 P.2d 615 (1956)
(where friction exists between fiduciary and beneficiaries, removal may be proper in the interest of
the harmony and efficient management of the trust).
Subsection (b)(3) generally conforms to Kansas law. See K.S.A. 59-1711 (trustee who is
or becomes incapacitated or otherwise incapable of performing duties of trust, or who fails or refuses
to perform any duties may be removed); K.S.A. 58-2412 (trustee may be removed for other cause);
Achenbach v. Baker, 151 Kan. 827, Syl. 3, 101 P.2d 937 (1940) (removal of trustee in best interests
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