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 A trustee who does not know that a trust has been revoked or amended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