We’ve moved! We didn’t go far and look forward to seeing you in our new space located at 1255 Crescent Green Drive, Suite 200, Cary, NC 27518
In general, an Irrevocable Trust cannot be modified or terminated. However, there are limited circumstances that may allow for changes under state law. Through specific legal channels, a trustee or beneficiary may petition a court to approve or disapprove a proposed modification to this type of estate planning tool. This can only be achieved if all beneficiaries consent to the change or if the court otherwise orders it. If you wish to change the terms of a testamentary document, consult with a trust lawyer about Wake Forest Irrevocable Trust modification and termination. A knowledgeable attorney at our firm can further explain Irrevocable Trusts and help you petition the court to alter or terminate one.
The most straightforward way to modify or terminate an Irrevocable Trust is to obtain the consent of all involved parties. This generally includes the Trust maker, trustee, and all beneficiaries. According to North Carolina General Statutes § 36C-4-411, modifications to the Trust can occur outside the jurisdiction of the court as long as the parties agree to the changes in writing. However, exceptions to the mutual consent rule do apply. This most often occurs when a beneficiary is a minor or unborn child. Beneficiaries who are incompetent in the eyes of the law also fall under this category of exceptions. In these scenarios, the court will appoint a guardian ad litem. This guardian helps the minor or otherwise incompetent party to understand the effects of consenting to the change. Those who seek to change an Irrevocable Trust through mutual consent should discuss their situation with a Wake Forest attorney to better understand all the legal nuances.
In most circumstances, a court will not interfere with the rights of parties to modify or terminate Trusts. However, courts do have the power to intervene if a Trust is no longer able to fulfill its stated purpose, or if changes in the law have made enforcement impossible. Under N.C. Gen. Stat. § 36C-4-412, courts have the authority to modify or terminate a Trust if new circumstances make it impossible to fulfill the Trust maker’s stated purpose. This option is only available if those circumstances could not have been foreseen by the Trust maker at the time of formation. One example may be if a Trust maker sets aside money for a child’s education, but the child dies before going to college. Because the purpose can no longer be fulfilled, a court may step in to terminate the Trust. If you are wondering whether a court may have jurisdiction over modifying or terminating a Trust in a specific scenario, speak to an experienced local attorney.
Generally, creating an Irrevocable Trust means that the property in the Trust will go to beneficiaries no matter what. However, it is possible to modify or terminate this type of Trust under specific circumstances. If a Trust maker and all beneficiaries agree to end the Trust, they may come to a settlement as to how the property will be distributed. This change can often go into effect without a court’s order. On the other hand, a court may intervene if a Trust is no longer legal or if its purpose is now impossible to achieve. Regardless of your specific reasoning, call an attorney to learn more about Wake Forest Irrevocable Trust modification and termination. Our skilled legal team can help you understand this legal process and determine if it may be a valid option.