Removal of trustee. (1) 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. (2) A court may remove a trustee if the court finds: (a) The trustee has committed a serious breach of trust; (b) Lack of cooperation among cotrustees substantially impairs the administration of the trust; (c) 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 (d) Removal of the trustee best serves the interests of all of the beneficiaries and: (A) There has been a substantial change of circumstances or removal has been requested by all of the qualified beneficiaries; (B) A suitable cotrustee or successor trustee is available; and (C) The trustee fails to establish by clear and convincing evidence that removal is inconsistent with a material purpose of the trust. (3) 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.
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