                                 CODE OF VIRGINIA

REMOVAL OF TRUSTEE (§ 64.2-759)

A. The settlor, a cotrustee, or a beneficiary, or, in the case of a charitable
trust, the Attorney General may petition the court to remove a trustee, or a
trustee may be removed by the court on its own initiative.

B. The court may remove a trustee if:

   1. The trustee has committed a serious breach of trust;

   2. Lack of cooperation among cotrustees substantially impairs the
   administration of the trust;

   3. Because of unfitness, unwillingness, or persistent failure of the trustee
   to administer the trust effectively, the court determines that removal of the
   trustee best serves the interests of the beneficiaries; or

   4. There has been a substantial change of circumstances or removal is
   requested by all of the qualified beneficiaries, the court finds that removal
   of the trustee best serves the interests of all of the beneficiaries and is
   not inconsistent with a material purpose of the trust, and a suitable
   cotrustee or successor trustee is available.

C. 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 subsection B of &#xA7; 64.2-792 as may be necessary to protect the trust
property or the interests of the beneficiaries.

HISTORY: 2005, c. 935, § 55-547.06; 2012, c. 614.