(a) A settlor, a co-trustee, 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.
     (b) The court may remove a trustee if:

Terms Used In Illinois Compiled Statutes 760 ILCS 3/706

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.

         (1) the trustee has committed a serious breach of
    
trust;
        (2) lack of cooperation among co-trustees
    
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 purposes of the trust and 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 any 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.
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