§411. Modification or termination of noncharitable irrevocable trust by consent








1. Consent of settlor and all beneficiaries. 
If the settlor and all beneficiaries consent to the modification or termination
of an irrevocable trust, the court shall enter an order approving the modification
or termination even if the modification or termination is inconsistent with a material
purpose of the trust, if the court finds that the modification or termination is in
the best interests of the beneficiaries. A settlor's power to consent to a trust's
modification or termination 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 guardian with
the approval of the court supervising the guardianship if an agent is not so authorized
and a conservator has not been appointed.


[
2005, c. 184, §9 (AMD)
.]








2. Consent of beneficiaries. 
A noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries
if the court concludes that continuance of the trust is not necessary to achieve any
material purpose of the trust. A noncharitable irrevocable trust may be modified upon
consent of all of the beneficiaries if the court concludes that modification is not
inconsistent with a material purpose of the trust.


[
2003, c. 618, Pt. A, §1 (NEW);
2003, c. 618, Pt. A, §2 (AFF)
.]








3. Spendthrift provision. 
A spendthrift provision in the terms of the trust is not presumed to constitute
a material purpose of the trust.


[
2003, c. 618, Pt. A, §1 (NEW);
2003, c. 618, Pt. A, §2 (AFF)
.]








4. Distribution after termination. 
Upon termination of a trust under subsection 1 or 2, the trustee shall distribute
the trust property as agreed by the beneficiaries.


[
2003, c. 618, Pt. A, §1 (NEW);
2003, c. 618, Pt. A, §2 (AFF)
.]








5. Court approval without unanimous consent. 
If not all of the beneficiaries consent to a proposed modification or termination
of the trust under subsection 1 or 2, the modification or termination may be approved
by the court if the court is satisfied that:





A. If all of the beneficiaries had consented, the trust could have been modified or
terminated under this section; and [2003, c. 618, Pt. A, §1 (NEW); 2003, c. 618, Pt. A, §2 (AFF).]











B. The interests of a beneficiary who does not consent will be adequately protected. [2003, c. 618, Pt. A, §1 (NEW); 2003, c. 618, Pt. A, §2 (AFF).]








[
2003, c. 618, Pt. A, §1 (NEW);
2003, c. 618, Pt. A, §2 (AFF)
.]





SECTION HISTORY

2003, c. 618, §A1 (NEW).
2003, c. 618, §A2 (AFF).
2005, c. 184, §9 (AMD).