Me. Rev. Stat. » Title 18-B
Maine Revised Statutes

Me. Rev. Stat. tit. 18-B, § 706 (2026)

Removal of trustee

✓ current as of May 2026
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1.  Request to remove trustee.  The settlor, a cotrustee or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.  
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
2.  Removal by court.  The court may remove a trustee if:  
A. The trustee has committed a serious breach of trust;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
B. Lack of cooperation among cotrustees substantially impairs the administration of the trust;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
C. 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   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
D. 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.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
3.  Appropriate relief.  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 section 1001, subsection 2 as may be necessary to protect the trust property or the interests of the beneficiaries.  
[PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 618, §A1 (NEW). PL 2003, c. 618, §A2 (AFF).
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Notes of Decisions
Cited in 4 cases, 2014–2020 · leading case: Connary v. Shea (Me. Super. Ct 2019).
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Gregory v. Clark (Me. Super. Ct 2017). “18-B M.R.S.A. § 706(2). Plaintiffs allege that the sections above mandate Clark's removal as trustee.”
Connary v. Shea (Me. Super. Ct 2019). “18-B M.R.S. § 706 (2018). Plaintiffs rely on subsection A of section 706 for removal of defendant Richard Shea as trustee.”
Olson v. Gleichman (Me. Super. Ct 2020). “18-B M.R.S. § 706; see also 18-B M.R.S. §§ 1001-1011.”
In re Taylor Intervivos Trust, 40 Pa. D. & C.5th 381 (2014). “§ 706(b)(5); 18-B M.R.S.A. §706(2)(D); A.C.A. §28-73-706(b)(4).”
Me. Rev. Stat. tit. 18-B, § 706(2): 1 case
Gregory v. Clark (Me. Super. Ct 2017). “18-B M.R.S.A. § 706(2). Plaintiffs allege that the sections above mandate Clark's removal as trustee.”
Me. Rev. Stat. tit. 18-B, § 706(2)(D): 1 case
In re Taylor Intervivos Trust, 40 Pa. D. & C.5th 381 (2014). “§ 706(b)(5); 18-B M.R.S.A. §706(2)(D); A.C.A. §28-73-706(b)(4).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.