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Section: 456.006.0602 Revocation or amendment of revocable trust. RSMO 456.06-602


Published: 2015

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Missouri Revised Statutes













Chapter 456

Trusts and Trustees--The Uniform Trust Code

←456.06-601

Section 456.6-602.1

456.06-603→

August 28, 2015

Revocation or amendment of revocable trust.

456.6-602. 1. Unless the terms of a trust expressly provide that the

trust is irrevocable, the settlor may revoke or amend the trust. This

subsection does not apply to a trust created under an instrument executed

before January 1, 2005.



2. If a revocable trust is created or funded by more than one settlor:



(1) to the extent the trust consists of community property, the trust

may be revoked by either spouse acting alone but may be amended only by joint

action of both spouses; and



(2) to the extent the trust consists of property other than community

property, each settlor may revoke or amend the trust with regard to the

portion of the trust property attributable to that settlor's contribution.



3. The settlor may revoke or amend a revocable trust:



(1) if the terms of the trust provide a method of amendment or

revocation, by substantially complying with any method provided in the terms

of the trust; or



(2) if the terms of the trust do not provide a method, by any other

method manifesting clear and convincing evidence of the settlor's intent,

including the terms of a later duly probated will or codicil that identify

the trust being revoked or the trust terms being amended.



4. Upon revocation of a revocable trust, the trustee shall deliver the

trust property as the settlor directs.



5. A settlor's powers with respect to revocation, amendment, or

distribution of trust property may be exercised by an agent under a power of

attorney only to the extent expressly authorized by the terms of the trust or

the power.



6. A conservator of the settlor or, if no conservator has been appointed,

a conservator ad litem of the settlor may exercise a settlor's powers with

respect to revocation, amendment, or distribution of trust property only with

the approval of the court supervising the conservator or the conservator ad

litem.



7. A trustee who does not know that a trust has been revoked or amended

is not liable to the settlor or settlor's successors in interest for

distributions made and other actions taken on the assumption that the trust

had not been amended or revoked.



(L. 2004 H.B. 1511)



Effective 1-01-05







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