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Wyo. Stat. Ann. § 4-10-706

Removal of trustee

Applied in 1 court decision — leading case In the Matter of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992, as Amended and Restated: Janel K. Kinniburgh, Beneficiary and Successor Trustee of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992 v. Jacque Moncur and Rosemary Steele, Successor Co-Trustees of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992 (2023)

Most recently applied in In the Matter of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992, as Amended and Restated: Janel K. Kinniburgh, Beneficiary and Successor Trustee of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992 v. Jacque Moncur and Rosemary Steele, Successor Co-Trustees of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992 (June 2023)

(a) The settlor, a cotrustee or a qualified beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative as outlined in subsection (b) of this section.

(b) The court may remove a trustee if:

(i) The trustee has committed a serious breach of trust;

(ii) Lack of cooperation among cotrustees substantially impairs the administration of the trust;

(iii) 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 (iv) There has been a substantial change of circumstances, or removal is requested by all of the qualified beneficiaries, and 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 W.S. 4-10-1001(b) as may be necessary to protect the trust property or the interests of the beneficiaries.

Official source: Wyoming Legislature. Reproduced from public-domain Wyoming statutes; confirm against the official source for the current text. Not legal advice.