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18 Quinnipiac Prob. L.J. 273 (2004-2005)
Changing Horses: Some Thoughts about Removal of Trustees

handle is hein.journals/qplj18 and id is 281 raw text is: THE QUINNIPIAC PROBATE LAW JOURNAL VOLUME 18 2005 NUMBER 3 & 4 ARTICLE CHANGING HORSES: SOME THOUGHTS ABOUT REMOVAL OF TRUSTEES by Gayle B. Wilhelm, Esq. In 2001, the Connecticut Legislature reacted to a number of complaints from trust beneficiaries following the acquisition of their trusts by large banks or trust companies through mergers with smaller, more localized institutions.1 The Legislature hastily enacted protective legislation authorizing those beneficiaries to remove their new corporate trustee without cause and replace it with another qualified trustee more agreeable to them.2 Unfortunately, while it is clear from the legislative history and public comments that the focus of the Legislature was almost entirely on corporate mergers, the new all encompassing statute permits the removal of individual trustees, including those selected by the person creating the trust.3 Moreover, while the Legislature chose to enact, verbatim, the removal provision contained in the Uniform Trust Code, it failed to include in the new Connecticut statute definitional and other provisions of the Uniform Trust Code which are crucial to its interpretation and application.4 In this Article, the author will examine the history of trustee removal and some of the issues arising from Connecticut's adoption of C.G.S. § 45a-242(a)(4). Until quite recently, the thought that a beneficiary may be entitled to remove a trustee without cause was contrary to the basic concepts of trust law. In the United States, watershed cases such as ' See 2001 Conn. Legis. Serv. P.A. 01-114 (West). 2 Id. 3 See CoNN. GEN. STAT. § 45a-242(4) (2005). 4 See id.