Trustee Removal without Cause

Although it is not as frequently utilized as the “for cause” removal provisions — e.g., serious breach of trust, unfitness/failure to administer, lack of cooperation between cotrustees — Missouri trust law does permit a trustee to be removed without cause in certain situations.

Under Section 456.7-704.2(4), the Court has discretion to remove a trustee if (1) all of the qualified beneficiaries to the trust request removal and establish to the court that (2) removal of the trustee best serves the interests of all beneficiaries, (3) removal is not inconsistent with a material purpose of the trust and (4) a suitable cotrustee or successor trustee is available and willing to serve.

Contact with questions about probate, trusts, trustee removal and/or estate litigation.

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