Wyoming Statutes

Wyo. Stat. § 4-10-706 (2026)

Removal of trustee.

✓ current as of May 2026

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(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.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2016–2023 · leading case: In the Matter of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992, as Amended & Restated: Janel K. Kinniburgh, Beneficiary & Successor Tr. of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992 v. Jacque Moncur & Rosemary Steele, Successor Co-Trs. of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992, 2023 WY 56 (Wyo. 2023).

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In the Matter of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992, as Amended & Restated: Janel K. Kinniburgh, Beneficiary & Successor Tr. of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992 v. Jacque Moncur & Rosemary Steele, Successor Co-Trs. of the J. Kent Kinniburgh Revocable Trust Dated January 27, 1992, 2023 WY 56 (Wyo. 2023). · cites it 3× “st; (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,…”

Redland v. Redland (In re Robert & Irene Redland Fam. Trust, Dated August 10, 1989), 435 P.3d 349 (Wyo. 2019). · cites it 2× “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…”

Shriners Hospitals for Child., In Its Capacity as Beneficiary of the Alfred J. & Pegge A. Cooksley Trust v. First N. Bank of Wyoming, In Its Capacity as Tr. of the Alfred J. & Pegge A. Cooksley Trust, 2016 WY 51 (Wyo. 2016). “§ 4-10-706(b) (LexisNexis 2015). [494] This Court has recognized other grounds for removal: Trustees may be removed for a variety of grounds, ranging from habitual drunk enness to tax evasion, to disobedience of directions in the trust instrument.”

— Wyo. Stat. § 4-10-706(b) — 1 case

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