Is agreement by beneficiaries for removal sufficient under the UPC?

• A. Yes, if all beneficiaries agree.
• B. No; agreement is not enough: removal must satisfy other criteria.
• C. Yes, but only if approved by a court.
• D. No; removal is never allowed.

Answer: (B)

Under the UPC, removing a fiduciary isn’t governed by a simple handshake among beneficiaries. The court retains oversight and can remove a personal representative, guardian, or trustee only for cause, based on specific grounds such as mismanagement, breach of fiduciary duties, incapacity, persistent failure to perform duties, or a conflict of interest. Even if all interested beneficiaries approve, the removal typically requires a formal petition and a court order after evidence and sometimes a hearing. This safeguards the estate and ensures that administration continues properly and in the best interests of all heirs and creditors.