Eight Grounds that are basis for a trustee to be removed

The beneficiaries have the right to go to court to have a trustee removed.  Generally there are eight grounds that can be the basis to have the trustee removed:

1) Lack of capacity - If the trustee lacks contractual capacity, then the trustee will be unable to administer the trust, and therefore should be removed.

2) Breach of trust - If the trustee violates any fiduciary obligations it is grounds for removal.

3)  Refusal to give bond when required - If the court and/or statues requires the trustee to post a bond, and he or she fails to do so, he or she may be removed.

4) Refusal to give accounts - The trustee has to keep accurate accounts of the trust property, and has to be given to the beneficiary. If the trustee refuses to give the accounts to the beneficiary, he or she may be removed.

5) Conviction of a crime - Any trustee that commits a crime, and that would appear that he or she is unsuitable to be a trustee or one that results in incarceration can be removed.

6) Showing favoritism to one beneficiary - The trustee must treat all beneficiaries equally, according to the terms of the trust. Favoring one beneficiary over the other is grounds for the trustee's removal.

7) Long absence - If the trustee is away for a long period of time, and it interfered with the administration of the trust property, than the trustee can be replaced.

8) Unreasonable failure to cooperate with co-trustees -  If one of the trustees is unreasonably failing to cooperate with the other co-trustees,then it would be impossible for the trust to be administered, therefore it would be grounds for removal.