UTC 412. Modifications or termination because of unanticipated circumstances or inability to administer trust effectively.

Checkout our iOS App for a better way to browser and research.


(2) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful, or would impair the trust’s administration.

(3) A trustee may terminate a trust if:

(a) Termination is appropriate by reason of circumstances not anticipated by the settlor;

(b) Termination will not be inconsistent with the material purposes of the trust;

(c) All qualified beneficiaries have consented to the termination;

(d) The trustee is not a beneficiary of the trust and has no duty of support for any beneficiary of the trust; and

(e) In the case of a charitable trust, the Attorney General has consented to the termination.

(4) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. [2005 c.348 §32; 2007 c.515 §1; 2009 c.275 §12]


Download our app to see the most-to-date content.