Thought Leader Series: Trust Me Your Irrevocable Trust Can Be Modified Without Going to Court

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The Uniform Trust Code (“UTC”) and other state statutes ensure that no irrevocable trust is truly immutable. This presentation explores the various tools that permit settlors, beneficiaries and/or trustees to modify the terms of a noncharitable, irrevocable trust without court involvement. These tools include:

  1. nonjudicial settlement agreement among interested persons,
  2. non-judicial modification by consent of the settlor and beneficiaries,
  3. unilateral action by the trustee to appoint (“decant”) trust assets to a trust with different terms, and
  4. division of the trust into separate trusts.

To learn more about the various modification methods, please complete the form below.

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