Massachusetts Lawyers Weekly Article, 'No-fault' removal of trustees under the MUTC, by Ryan P. McManus

Massachusetts Lawyers Weekly

Ryan P. McManus

8/8/2016

Among the many changes to Massachusetts trust law wrought by the adoption of the Uniform Trust Code in Massachusetts in 2012 is a new basis for removing trustees — what has been called the “no-fault” removal. Historically, under Massachusetts law a trustee could be judicially removed only for cause, such as the trustee’s incapacity, failure to perform statutory duties, maladministration of the trust, or some other misconduct.

Many of those common-law grounds for removal were codified by the Massachusetts Uniform Trust Code, which allows a court to remove a trustee for “a serious breach of trust” or because of the trustee’s “unfitness, unwillingness or persistent failure ... to administer the trust effectively.” G.L.c. 203E, §706(b)(1), (3).

The MUTC also codified a new procedure for removing trustees: the so-called no-fault removal.

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