Missouri Revised Statutes













Chapter 456

Trusts and Trustees--The Uniform Trust Code

←456.11-1106

Section 456.4A-411.1

456.4B-411→

August 28, 2015

Modification or termination of noncharitable irrevocable trust by consent, exceptions.

456.4A-411. 1. Except for a trust established by a court under section

475.092, 475.093, 511.030, or 42 U.S.C. Section 1396p(d)(4), a noncharitable

irrevocable trust may be modified or terminated upon consent of the settlor

and all beneficiaries, without court approval, even if the modification or

termination is inconsistent with a material purpose of the trust. A

settlor's power to consent to a trust's termination or modification may be

exercised by an agent under a power of attorney only to the extent expressly

authorized by the power of attorney or the terms of the trust; by the

settlor's conservator with the approval of the court supervising the

conservatorship if an agent is not so authorized; or by the settlor's

conservator ad litem with the approval of the court if an agent is not so

authorized and a conservator has not been appointed.



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

trustee shall distribute the trust property as agreed by the beneficiaries.



3. If not all of the beneficiaries consent to a proposed modification or

termination of the trust under subsection 1 of this section, the modification

or termination may be approved by the court if the court is satisfied that:



(1) if all of the beneficiaries had consented, the trust could have been

modified or terminated under subsection 1 of this section; and



(2) the interests of a beneficiary who does not consent will be

adequately protected.



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





2005



2005



456.4A-411. 1. A noncharitable irrevocable trust may be modified or

terminated upon consent of the settlor and all beneficiaries, without court

approval, even if the modification or termination is inconsistent with a

material purpose of the trust. A settlor's power to consent to a trust's

termination or modification may be exercised by an agent under a power of

attorney only to the extent expressly authorized by the power of attorney

or the terms of the trust; by the settlor's conservator with the approval

of the court supervising the conservatorship if an agent is not so

authorized; or by the settlor's conservator ad litem with the approval of

the court if an agent is not so authorized and a conservator has not been

appointed.



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

the trustee shall distribute the trust property as agreed by the

beneficiaries.



3. If not all of the beneficiaries consent to a proposed modification

or termination of the trust under subsection 1 of this section, the

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

satisfied that:



(1) if all of the beneficiaries had consented, the trust could have

been modified or terminated under subsection 1 of this section; and



(2) the interests of a beneficiary who does not consent will be

adequately protected.



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