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Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 7766 (2026)

 Removal of trustee - UTC 706.

✓ current as of May 2026
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§ 7766.  Removal of trustee - UTC 706.

(a)  Request to remove trustee; court authority.--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.

(b)  When court may remove trustee.--The court may remove a trustee if it finds that removal of the trustee best serves the interests of the beneficiaries of the trust and is not inconsistent with a material purpose of the trust, a suitable cotrustee or successor trustee is available and:

(1)  the trustee has committed a serious breach of trust;

(2)  lack of cooperation among cotrustees substantially impairs the administration of the trust;

(3)  the trustee has not effectively administered the trust because of the trustee's unfitness, unwillingness or persistent failures; or

(4)  there has been a substantial change of circumstances. A corporate reorganization of an institutional trustee, including a plan of merger or consolidation, is not itself a substantial change of circumstances.

(c)  Court remedies.--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 appropriate relief under section 7781(b) (relating to remedies for breach of trust - UTC 1001) as may be necessary to protect the trust property or the interests of the beneficiaries.

(d)  Procedure.--The procedure for removal and discharge of a trustee and the effect of removal and discharge shall be the same as that set forth in sections 3183 (relating to procedure for and effect of removal) and 3184 (relating to discharge of personal representative and surety).

(e)  Cross reference.--See section 1608 of the act of November 30, 1965 (P.L.847, No.356), known as the Banking Code of 1965.

(Oct. 27, 2010, P.L.837, No.85, eff. 60 days)

 

2010 Amendment.  Act 85 amended subsec. (b) and added subsec. (e).

Cross References.  Section 7766 is referred to in sections 7780.27, 7781 of this title.

Notes of Decisions
Cited in 20 cases (12 in the last 5 years), 2014–2024 · leading case: Trust Agrmt. of E. Taylor Appeal of: Wells Fargo, 164 A.3d 1147 (Pa. 2017).
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Trust Agrmt. of E. Taylor Appeal of: Wells Fargo, 164 A.3d 1147 (Pa. 2017). · cites it 8× “” 20 Pa.C.S. § 7766, JSGC Comment-2005. Modification under section 7740.”
In Re: Trust of Holdship, M., 288 A.3d 919 (Pa. Super. Ct. 2023). · cites it 22× “¶67; see also 20 Pa.C.S. § 7766. Beneficiaries seek the appointment of BNY Mellon, N.”
Vincent J. Fumo Irrevocable Child.'s Trust Ex Rel. Benefit of Fumo, 104 A.3d 535 (Pa. Super. Ct. 2014). · cites it 6× “” 20 Pa.Cons.Stat.Ann. § 7766(b), Comment. While Daughter maintains that her beneficial interests of the Trust are being compromised due to bad investments and mismanagement of the funds of the Trust, she has not shown any actions on the part of Dr.”
In Re: Trust of J.S.M., Appeal of: J.S.M., 313 A.3d 1090 (Pa. Super. Ct. 2024). · cites it 6× “4 See 20 Pa.C.S. § 7766(a) (“The settlor … may request the court to remove a trustee….”
Trust Under Deed of Walter G, Appeal of:Garrison,M, 302 A.3d 129 (Pa. Super. Ct. 2023). · cites it 6× “The order further stated that Independent Trustees “remain as co-trustees of the [T]rusts for which each of them is a named trustee and may be removed and replaced pursuant only to the original terms of the Trusts or to proceedings in accordance with the requirements of 20…”
Trust Under Agreement of Edward W. Taylor, 124 A.3d 334 (Pa. Super. Ct. 2015). · cites it 2× “Under the Code, however, Section 706 [20 Pa.C.S. § 7766] is the exclusive provision on removal of trustees.”
In Re: Trust of Holdship, M. (Pa. Super. Ct. 2022). · cites it 11× “¶67; see also 20 Pa.C.S. § 7766. Beneficiaries seek the appointment of BNY Mellon, N.”
In re Testamentary Trust of Conti, 41 Pa. D. & C.5th 134 (2014). “Instead, the Superior Court in McKinney was faced with a much narrower issue: whether a trial court erred in refusing the *148 request of the beneficiaries of a long-term trust to remove a trustee under the “no-fault” provisions of 20 Pa.C.S. §7766(b)(4), which the court…”
Martin, C. v. Paul, S. & Martin, C. (Pa. Super. Ct. 2023). · cites it 8× “See 20 Pa.C.S. § 7766, Uniform Law Comment (describing a trustee’s “unwillingness” to include “cases where the trustee refuses to act” as well as “a pattern of indifference to some or all of the beneficiaries”); see also Trust Under Agreement of Taylor, 164 A.”
Trust of John S. Middleton, Appeal of: J.S.M. (Pa. Super. Ct. 2024). · cites it 3× “5 See 20 Pa.C.S. § 7766(a) (“The settlor … may request the court to remove a trustee….”
Trust Under Deed of Walter G, Appeal of:Garrison,M (Pa. Super. Ct. 2021). · cites it 3× “20 Pa.C.S. § 7766(a), (b). The interplay between sections 7740.”
In Re: Dille Fam. Trust, Appeal of: Williams, L. (Pa. Super. Ct. 2023). · cites it 2× “See 20 Pa.C.S. § 7766, Comment (noting that Section 7766 largely adopts Section 706 of the UTC in substance).”
Show all 20 citing cases →
— 20 Pa. Cons. Stat. § 7766(a) — 4 cases
In Re: Trust of J.S.M., Appeal of: J.S.M., 313 A.3d 1090 (Pa. Super. Ct. 2024). “4 See 20 Pa.C.S. § 7766(a) (“The settlor … may request the court to remove a trustee….”
Trust Under Deed of Walter G, Appeal of:Garrison,M, 302 A.3d 129 (Pa. Super. Ct. 2023). “The order further stated that Independent Trustees “remain as co-trustees of the [T]rusts for which each of them is a named trustee and may be removed and replaced pursuant only to the original terms of the Trusts or to proceedings in accordance with the requirements of 20…”
Trust of John S. Middleton, Appeal of: J.S.M. (Pa. Super. Ct. 2024). “5 See 20 Pa.C.S. § 7766(a) (“The settlor … may request the court to remove a trustee….”
Trust Under Deed of Walter G, Appeal of:Garrison,M (Pa. Super. Ct. 2021). “20 Pa.C.S. § 7766(a), (b). The interplay between sections 7740.”
— 20 Pa. Cons. Stat. § 7766(b) — 7 cases
Trust Agrmt. of E. Taylor Appeal of: Wells Fargo, 164 A.3d 1147 (Pa. 2017). “” 20 Pa.C.S. § 7766, JSGC Comment-2005. Modification under section 7740.”
In Re: Trust of Holdship, M., 288 A.3d 919 (Pa. Super. Ct. 2023). “¶67; see also 20 Pa.C.S. § 7766. Beneficiaries seek the appointment of BNY Mellon, N.”
Vincent J. Fumo Irrevocable Child.'s Trust Ex Rel. Benefit of Fumo, 104 A.3d 535 (Pa. Super. Ct. 2014). “” 20 Pa.Cons.Stat.Ann. § 7766(b), Comment. While Daughter maintains that her beneficial interests of the Trust are being compromised due to bad investments and mismanagement of the funds of the Trust, she has not shown any actions on the part of Dr.”
Trust Under Deed of Walter G, Appeal of:Garrison,M, 302 A.3d 129 (Pa. Super. Ct. 2023). “The order further stated that Independent Trustees “remain as co-trustees of the [T]rusts for which each of them is a named trustee and may be removed and replaced pursuant only to the original terms of the Trusts or to proceedings in accordance with the requirements of 20…”
Martin, C. v. Paul, S. & Martin, C. (Pa. Super. Ct. 2023). “See 20 Pa.C.S. § 7766, Uniform Law Comment (describing a trustee’s “unwillingness” to include “cases where the trustee refuses to act” as well as “a pattern of indifference to some or all of the beneficiaries”); see also Trust Under Agreement of Taylor, 164 A.”
— 20 Pa. Cons. Stat. § 7766(b)(1) — 4 cases
In Re: Trust of Holdship, M., 288 A.3d 919 (Pa. Super. Ct. 2023). “¶67; see also 20 Pa.C.S. § 7766. Beneficiaries seek the appointment of BNY Mellon, N.”
In Re: Trust of Holdship, M. (Pa. Super. Ct. 2022). “¶67; see also 20 Pa.C.S. § 7766. Beneficiaries seek the appointment of BNY Mellon, N.”
Martin, C. v. Paul, S. & Martin, C. (Pa. Super. Ct. 2023). “See 20 Pa.C.S. § 7766, Uniform Law Comment (describing a trustee’s “unwillingness” to include “cases where the trustee refuses to act” as well as “a pattern of indifference to some or all of the beneficiaries”); see also Trust Under Agreement of Taylor, 164 A.”
Trust Under Deed of Walter G, Appeal of:Garrison,M (Pa. Super. Ct. 2021). “20 Pa.C.S. § 7766(a), (b). The interplay between sections 7740.”
— 20 Pa. Cons. Stat. § 7766(b)(2) — 3 cases
In Re: Trust of Holdship, M., 288 A.3d 919 (Pa. Super. Ct. 2023). “¶67; see also 20 Pa.C.S. § 7766. Beneficiaries seek the appointment of BNY Mellon, N.”
In Re: Jackson, J. Appeal of: Townsend, P. (Pa. Super. Ct. 2017).
In Re: Trust of Holdship, M. (Pa. Super. Ct. 2022). “¶67; see also 20 Pa.C.S. § 7766. Beneficiaries seek the appointment of BNY Mellon, N.”
— 20 Pa. Cons. Stat. § 7766(b)(3) — 2 cases
Martin, C. v. Paul, S. & Martin, C. (Pa. Super. Ct. 2023). “See 20 Pa.C.S. § 7766, Uniform Law Comment (describing a trustee’s “unwillingness” to include “cases where the trustee refuses to act” as well as “a pattern of indifference to some or all of the beneficiaries”); see also Trust Under Agreement of Taylor, 164 A.”
In Re: Thomson, G.,Appeal of: Thomson-Caliendo, J. (Pa. Super. Ct. 2020).
— 20 Pa. Cons. Stat. § 7766(b)(4) — 7 cases
Trust Agrmt. of E. Taylor Appeal of: Wells Fargo, 164 A.3d 1147 (Pa. 2017). “” 20 Pa.C.S. § 7766, JSGC Comment-2005. Modification under section 7740.”
Vincent J. Fumo Irrevocable Child.'s Trust Ex Rel. Benefit of Fumo, 104 A.3d 535 (Pa. Super. Ct. 2014). “” 20 Pa.Cons.Stat.Ann. § 7766(b), Comment. While Daughter maintains that her beneficial interests of the Trust are being compromised due to bad investments and mismanagement of the funds of the Trust, she has not shown any actions on the part of Dr.”
In Re: Trust of Holdship, M., 288 A.3d 919 (Pa. Super. Ct. 2023). “¶67; see also 20 Pa.C.S. § 7766. Beneficiaries seek the appointment of BNY Mellon, N.”
In re Testamentary Trust of Conti, 41 Pa. D. & C.5th 134 (2014). “Instead, the Superior Court in McKinney was faced with a much narrower issue: whether a trial court erred in refusing the *148 request of the beneficiaries of a long-term trust to remove a trustee under the “no-fault” provisions of 20 Pa.C.S. §7766(b)(4), which the court…”
In Re: Trust of Holdship, M. (Pa. Super. Ct. 2022). “¶67; see also 20 Pa.C.S. § 7766. Beneficiaries seek the appointment of BNY Mellon, N.”
— 20 Pa. Cons. Stat. § 7766(b)(l) — 1 case
Trust Agrmt. of E. Taylor Appeal of: Wells Fargo, 164 A.3d 1147 (Pa. 2017). “” 20 Pa.C.S. § 7766, JSGC Comment-2005. Modification under section 7740.”
— 20 Pa. Cons. Stat. § 7766(d) — 2 cases
In Re: Trust of Holdship, M., 288 A.3d 919 (Pa. Super. Ct. 2023). “¶67; see also 20 Pa.C.S. § 7766. Beneficiaries seek the appointment of BNY Mellon, N.”
In Re: Trust of Holdship, M. (Pa. Super. Ct. 2022). “¶67; see also 20 Pa.C.S. § 7766. Beneficiaries seek the appointment of BNY Mellon, N.”
— 20 Pa. Cons. Stat. § 7766(e) — 2 cases
In Re: Trust B of Wells Apl of: V.M.I. Found. (Pa. 2024).
In Re: Trust B of Wells; Apl of: V.M.I. Found. (Pa. 2024).
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