2019 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 33. Administrative Provisions
§ 3327 Removal of trustee.
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:
(1) The trustee has committed a breach of trust; or
(2) A lack of cooperation among co-trustees substantially impairs the administration of the trust; or
(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:
a. A substantial change in circumstances;
b. Unfitness, unwillingness or inability of the trustee to administer the trust properly; or
c. Hostility between the trustee and beneficiaries that threatens the efficient administration of the trust.
72 Del. Laws, c. 388, § 6; 74 Del. Laws, c. 82, § 7.
