1. (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. (2) A court may remove a trustee if the court finds:

   1. (a) The trustee has committed a serious breach of trust;
   2. (b) Lack of cooperation among cotrustees substantially impairs the administration of the trust;
   3. (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

   4. (d) Removal of the trustee best serves the interests of all of the beneficiaries and:

      1. (A) There has been a substantial change of circumstances or removal has been requested by all of the qualified beneficiaries;
      2. (B) A suitable cotrustee or successor trustee is available; and
      3. (C) The trustee fails to establish by clear and convincing evidence that removal is inconsistent with a material purpose of the trust.
3. (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.

[2005 c.348 §55; 2013 c.529 §14]