RSA 564:9 · Removal or Replacement

564:9 Removal or Replacement. –

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I.

A trustee who, in the opinion of the judge, becomes incompetent, unsuitable, or who shall neglect or refuse to comply with the provisions of this chapter may be removed following a hearing which is preceded by notice to the trustee, all known beneficiaries, and such other persons determined by the judge to be interested in the trust.

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II.

A beneficiary or co-trustee of a trust who believes that the existing trustee should be replaced by a more suitable trustee may petition the court for such replacement. Upon receiving such a petition, and upon the court's determination that all other known beneficiaries have been notified, the court may remove the existing trustee and appoint a replacement trustee when, upon considering all relevant factors, the court finds that a change in trustee would be in keeping with the intent of the grantor, provided further that in deciding whether to replace a trustee, the court may consider the following additional factors in making such determination:

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(a)

It would substantially improve or benefit the administration of the trust.

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(b)

The relationship between the grantor and the trustee as it existed at the time the trust was created.

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(c)

Changes in the nature of the trustee since the creation of the trust.

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(d)

The relationship of the trustee with the beneficiaries.

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(e)

The responsiveness of the trustee to the beneficiaries.

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(f)

The experience and level of skill of the trustee.

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(g)

The investment performance of the trustee.

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(h)

The charges for services performed by the trustee.

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(i)

Any other reasonable factors pertaining to the administration of the trust.

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III.

This section shall apply to a trust or trustee of a trust, as defined in RSA 564-B. Source. RS 168:7. CS 178:7. GS 186:7. GL 205:7. PS 198:8. PL 309:9. RL 363:9. RSA 564:9. 1998, 376:1. 2003, 123:1, eff. Jan. 1, 2004. 2024, 292:17, eff. Sept. 24, 2024.

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