Massachusetts General Laws

Mass. Gen. Laws ch. 203E, § 706 (2026)

Removal of trustee

✓ current as of July 2026

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Section 706. Removal of trustee

(a) The settlor, a co-trustee or a beneficiary may request 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) there is a lack of cooperation among co-trustees that 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 co-trustee 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 section 1001 as may be necessary to protect the trust property or the interests of the beneficiaries.

Notes of Decisions

Cited in 6 cases (4 in the last 5 years), 2017–2026 · leading case: LOUIS M. CAPUTO, JR., Tr., & another v. KAREN M. MOULTON & others., 102 Mass. App. Ct. 251 (Mass. App. Ct. 2023).

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LOUIS M. CAPUTO, JR., Tr., & another v. KAREN M. MOULTON & others., 102 Mass. App. Ct. 251 (Mass. App. Ct. 2023). “203E, § 701; may in certain circumstances be removed as trustee by a judge, either after a request by the beneficiaries or on the judge's own initiative, G. L. c. 203E, § 706; or may resign, G. L.”

In the Matter of the Leo Kahn Revocable Trust., 102 Mass. App. Ct. 38 (Mass. App. Ct. 2022). · cites it 4× “In the circumstances of a petition brought by a beneficiary and trustee of a revocable trust (petitioner), in which the petitioner sought to remove the other trustee (respondent) pursuant to G. L. c. 203E, § 706 (b) (4) (which provides for removal of a trustee if requested by…”

Passero v. Fitzsimmons (Mass. App. Ct. 2017). · cites it 2× “" G. L. c. 203E, §§ 706(b)(1), (b)(2), and (b)(4).”

Forbes Fam. Ranch Ltd. Liab. Co. v. Forbes, 111 N.E.3d 305 (Mass. App. Ct. 2018). · cites it 2× “The current statute, G. L. c. 203E, § 706, was made effective July 8, 2012, and specifically provides that it applies only to "judicial proceedings concerning trusts commenced on or after the effective date.”

George L. Cushing, Tr. v. Mark W. Williamson & Others. (Mass. App. Ct. 2024). “See G. L. c. 203E, § 706 (b) (1)—(3). Judgments entered ordering the removal of both Cushing and Williamson as cotrustees, appointing an "independent trustee" for both trusts, and authorizing the appointment of successor cotrustees.”

In the Matter of the Susan H. Parker 2000 Trust. (Mass. App. Ct. 2026). “Alex contends that the decision to remove him as a trustee was clearly erroneous because the evidence did not support removal pursuant to G. L. c. 203E, § 706 (b) (§ 706 [b]). A judge may remove a trustee where, "because of unfitness, unwillingness or persistent failure of the…”

— Mass. Gen. Laws ch. 203E, § 706(b)(1) — 1 case

Passero v. Fitzsimmons (Mass. App. Ct. 2017). “" G. L. c. 203E, §§ 706(b)(1), (b)(2), and (b)(4).”

— Mass. Gen. Laws ch. 203E, § 706(b)(3) — 1 case

Passero v. Fitzsimmons (Mass. App. Ct. 2017). “" G. L. c. 203E, §§ 706(b)(1), (b)(2), and (b)(4).”

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