Delaware Laws - Title 12 Decedents' Estates and Fiduciary Relations
Sec. 3327. Removal of trustee.

Sec. 3327. Removal of trustee. (3271)(1-click HTML)

A trustee may be removed by the Court of Chancery on its own initiative or on petition of a trustor, co-trustee, or beneficiary if: (3272)

(1) The trustee has committed a breach of trust; or (3273)

(2) A lack of cooperation among co-trustees substantially impairs the administration of the trust; or (3274)

(3) The court, having due regard for the expressed intention of the trustor and the best interests of the beneficiaries, determines that notwithstanding the absence of a breach of trust, there exists: (3275)

a. A substantial change in circumstances; (3276)

b. Unfitness, unwillingness or inability of the trustee to administer the trust properly; or (3277)

c. Hostility between the trustee and beneficiaries that threatens the efficient administration of the trust. (3278)

(72 Del. Laws, c. 388, Sec. 6; 74 Del. Laws, c. 82, Sec. 7.) (3279)


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