Missouri Revised Statutes













Chapter 456

Trusts and Trustees--The Uniform Trust Code

←456.4A-411

Section 456.4B-411.1

456.001→

August 28, 2015

Modification or termination of noncharitable irrevocable trust by consent--applicability.

456.4B-411. 1. When all of the adult beneficiaries having the capacity

to contract consent, the court may, upon finding that the interest of any

nonconsenting beneficiary will be adequately protected, modify the terms of a

noncharitable irrevocable trust so as to reduce or eliminate the interests of

some beneficiaries and increase those of others, change the times or amounts

of payments and distributions to beneficiaries, or provide for termination of

the trust at a time earlier or later than that specified by its terms. The

court may at any time upon its own motion appoint a representative pursuant

to section 456.3-305 to represent a nonconsenting beneficiary. The court

shall appoint such a representative upon the motion of any party, unless the

court determines such an appointment is not appropriate under the

circumstances.



2. Upon termination of a trust under subsection 1 of this section, the

trustee shall distribute the trust property as directed by the court.



3. If a trust cannot be terminated or modified under subsection 1 of this

section because not all adult beneficiaries having capacity to contract

consent or the terms of the trust prevent such modification or termination,

the modification or termination may be approved by the court if the court is

satisfied that the interests of a beneficiary, other than the settlor, who

does not consent will be adequately protected, modification or termination

will benefit a living settlor who is also a beneficiary, and:



(1) in the case of a termination, the party seeking termination

establishes that continuance of the trust is not necessary to achieve any

material purpose of the trust; or



(2) in the case of a modification, the party seeking modification

establishes that the modification is not inconsistent with a material purpose

of the trust, and the modification is not specifically prohibited by the

terms of the trust.



4. This section shall apply to trusts created under trust instruments

that become irrevocable on or after January 1, 2005. The provisions of

section 456.590 shall apply to all trusts that were created under trust

instruments that become irrevocable prior to January 1, 2005.



(L. 2004 H.B. 1511 § 456.4-411B, A.L. 2006 S.B. 892 § 456.4-411B)





2005



2005



456.4B-411. 1. When all of the adult beneficiaries having the

capacity to contract consent, the court may, upon finding that the interest

of any nonconsenting beneficiary will be adequately protected, modify the

terms of a noncharitable irrevocable trust so as to reduce or eliminate the

interests of some beneficiaries and increase those of others, change the

times or amounts of payments and distributions to beneficiaries, or provide

for termination of the trust at a time earlier or later than that specified

by its terms. The court may at any time upon its own motion appoint a

representative pursuant to section 456.3-305 to represent a nonconsenting

beneficiary. The court shall appoint such a representative upon the motion

of any party, unless the court determines such an appointment is not

appropriate under the circumstances.



2. Upon termination of a trust under subsection 1 of this section,

the trustee shall distribute the trust property as directed by the court.



3. If a trust cannot be terminated or modified under subsection 1 of

this section because not all adult beneficiaries having capacity to

contract consent or the terms of the trust prevent such modification or

termination, the modification or termination may be approved by the court

if the court is satisfied that the interests of a beneficiary, other than

the settlor, who does not consent will be adequately protected,

modification or termination will benefit a living settlor who is also a

beneficiary, and:



(1) in the case of a termination, the party seeking termination

establishes that continuance of the trust is not necessary to achieve any

material purpose of the trust; or



(2) in the case of a modification, the party seeking modification

establishes that the modification is not inconsistent with a material

purpose of the trust, and the modification is not specifically prohibited

by the terms of the trust.



4. This section shall apply to trusts created on or after January 1,

2005. The provisions of section 456.590 shall apply to all trusts created

prior to January 1, 2005.



Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.