Section 704
(a)
A vacancy in a trusteeship shall occur if:
- (1) a person designated as trustee rejects the trusteeship;
- (2) a person designated as trustee cannot be identified or does not exist;
- (3) a trustee resigns;
- (4) a trustee is disqualified or removed;
- (5) a trustee dies; or
- (6) a guardian or conservator is appointed for an individual serving as trustee.
(b)
If 1 or more co-trustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship shall be filled if the trust has no remaining trustees.
(c)
A vacancy in a trusteeship that is required to be filled shall be filled in the following order of priority:
- (1) by a person designated by the terms of the trust to act as successor trustee;
- (2) by a person appointed by unanimous agreement of the qualified beneficiaries; or
- (3) by a person appointed by the court.
(d)
Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.
Procedural advisory commentary (2013)
Emphasis added.
Practice note
G. L. c. 203, § 4 [Testamentary trustee; appointment] was not repealed. If a testator has neglected in his will to appoint a trustee in this Commonwealth and such appointment is necessary to carry into effect the provisions of the will, the Probate and Family Court may, after notice to all persons interested, appoint a trustee to fill the vacancy. See G. L. c. 203, § 4.
Form update
A Petition for Resignation/Removal/Appointment of Successor Trustee (MPC 266) and proposed Decree and Order on Petition for Resignation/Removal/Appointment of Successor Trustee (MPC 782) may be filed to fill a vacancy in a trusteeship under the MUTC or under G. L. c. 203, § 4. Notice shall be by citation in accordance with § 109 of the MUTC. The filing fee to request the appointment of a trustee to fill a vacancy is $375.00. The filing fee for a citation, if necessary, is $15.00. Note: If the petition is the first or initial action filed in the court (e.g., an action to fill a vacancy for a non-testamentary trust) a surcharge of $15.00 shall also be assessed.