50-State Surveys › Irrevocable Trust Modification and Termination Requirements by State
Irrevocable Trust Modification and Termination Requirements by State
When and how may an ordinary noncharitable irrevocable trust be modified or terminated early by consent, court order, nonjudicial agreement, changed circumstances, mistake, tax-objective order, or an uneconomic-trust procedure?
51 of 51 jurisdictions verified
every entry statute-checked, oldest 2026-08-11
What this survey covers
Calling a trust irrevocable does not necessarily make every term permanent. States recognize different combinations of consent-based, court-supervised, nonjudicial, changed-circumstance, mistake, tax-objective, and uneconomic-trust routes. This survey separates those routes because their participants, tests, proof burdens, and consequences are not interchangeable.
The survey concerns ordinary noncharitable private trusts. It does not treat decanting, merger, division, principal invasion, or cy pres as ordinary modification routes, and it does not advise whether a proposed change should be made for tax, creditor, benefits, or family-planning reasons.
Why nine separate columns are necessary
The District of Columbia follows the familiar consent architecture: settlor plus all beneficiaries may overcome a material purpose; beneficiaries acting without the settlor face distinct modification and termination tests; and a court may approve despite missing consent if the all-consent route would have worked and the nonconsenting interest is adequately protected. D.C. Code § 19-1304.11 (accessed 2026-08-11).
Florida adds materially different routes. After the settlor's death, unanimous agreement of the trustee and all qualified beneficiaries can modify a qualifying trust without first obtaining a court order. Florida separately authorizes judicial changes tied to the settlor's purpose or beneficiary best interests and permits a trustee to terminate a trust under $50,000 after notice when administration costs are unjustified. Fla. Stat. §§ 736.04113–736.04115, 736.0412, and 736.0414 (accessed 2026-08-11).
Wyoming permits settlor-plus-qualified-beneficiary consent through court, recognizes instrument-authorized trust-protector action, requires trustee plus qualified beneficiaries for its post-death beneficiary route, and uses a $150,000 trustee-termination procedure with written notice and a 30-day objection window. Wyo. Stat. Ann. §§ 4-10-412–4-10-415 (accessed 2026-08-11).
These differences justify separate columns for consent participants, material purpose, nonconsent, nonjudicial authority, changed circumstances, value-based termination, reformation, tax-objective orders, and procedure.
How to read the table
Start with the available-routes column and the trust's own terms. Then identify who is proposing the change: the settlor and beneficiaries, beneficiaries without the settlor, a trustee, a protector or director, or a court petitioner.
Read consent and material purpose together. A modification test may differ from a termination test, and a spendthrift clause may be conclusive, presumptive, only a factor, or irrelevant depending on the state.
Finish with nonconsent, changed circumstances, value-based termination, and procedure. Those columns show whether representation can supply consent, what protection a nonconsenting person receives, who must receive notice, what proof burden applies, and how property is distributed if the trust ends.
Patterns in the completed table
Consent is not one route. The largest cluster uses the familiar Uniform Trust Code split: settlor plus beneficiaries may overcome a material purpose, while beneficiaries acting without the settlor face separate court findings for modification and termination. Even inside that cluster, some states make the unanimous settlor route direct or nonjudicial, while others require a petition and court order. Wyoming uses all qualified beneficiaries and, after the settlor's death, also requires trustee consent. Maryland also requires the trustee, while Arizona, Florida, Illinois, Michigan, and several other states provide no general settlor-plus-beneficiary override. Louisiana instead starts with reserved powers, and Idaho uses its broad written-agreement procedure.
Nonjudicial settlement and protector authority are separate questions. A broad material-purpose-limited settlement statute is common, but Connecticut forbids using its agreement section to modify or terminate, Michigan does the same, and Illinois limits ordinary nonjudicial modification to administration. Instrument-granted powers form another major cluster. Vermont and Wyoming expressly authorize a trustee or other person to direct modification or termination; Delaware, Alaska, Georgia, and other states recognize differently bounded protector or powerholder routes. A title such as “protector” or “director” is never enough by itself—the trust terms and the particular statute define the power.
The uneconomic-trust column has the widest numerical spread. Fixed trustee ceilings run from $50,000 through $75,000, $100,000, $150,000, $200,000, and $250,000, with Alabama using an indexed figure. Comparisons are not uniform: some say “less than,” California uses an inclusive ceiling, and Maryland has its own inclusive procedure. Delaware has no fixed-dollar trustee ceiling; Georgia adds a fee-to-principal ratio; Iowa has only a court route. Notice can mean no stated wait, a 30-day objection period, or Maryland's longer effective- date and objection sequence. Wyoming and Idaho turn a timely objection into a court-review route rather than allowing distribution to proceed.
Mistake and tax provisions look uniform until proof is compared. Clear and convincing proof for mistake is the dominant formulation, including for an unambiguous instrument. South Dakota uses a preponderance standard instead. Most tax-objective sections require consistency with probable intent and permit retroactivity; Wyoming expressly makes probable intent a preponderance question, while Utah's current recodified text states no probable-intent condition.
Procedure and distribution stay route-specific. Representation may supply beneficiary consent but often cannot replace the statute's special settlor- consent sequence. Spendthrift language is presumed material in a small cluster, expressly not presumed material in many UTC states, and treated as a factor or separate override elsewhere. Consent termination may distribute by beneficiary agreement, while changed-circumstance and small-trust routes often require purpose-consistent plans; many states separately use a 30-day distribution- proposal objection rule. All 51 live petition CTAs remain unlinked because each packet materially misstated at least one route, participant, threshold, proof, scope, distribution rule, or filing formality. Illinois and New York retain the tracked pending measures in their cells, and Oklahoma's enacted November 1, 2026 qualified-beneficiary change remains future-effective.
Get this answered for your state
This survey compares every state side by side. Ask about your specific situation and see what your state's law says, with citations to the statutes.
Scroll sideways in the table to see all columns →
| State | Governing law and available routes | Settlor and beneficiary consent | Beneficiary-only consent and material purpose | Nonconsent, representation, and adequate protection | Nonjudicial, trustee, protector, and agreement routes | Unanticipated circumstances and impracticable administration | Uneconomic-trust modification or termination | Mistake reformation and tax-objective modification | Procedure, notice, proof, spendthrift, and distribution |
|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-08-11 | Ala. Code §§ 19-3B-105, -107, -111, -410 to -416, -808; mandatory court powers plus consent, NJSA, changed-circumstance, indexed uneconomic, mistake, tax, and trust-term powerholder routes |
Petition required; court shall approve settlor + all-beneficiary consent despite material purpose. Agent needs express authority in POA or trust; conservator or fallback guardian needs supervising-court approval (§ 19-3B-411(a)) |
All beneficiaries + court: terminate if continuance is unnecessary to any material purpose; modify if not inconsistent. Spendthrift is not presumed material only for trusts within § 19-3B-411(c)'s Jan. 1, 2007 boundary |
Court may approve without every beneficiary if full consent would have permitted relief and the nonconsenting interest is adequately protected. Representation is conflict-limited; court may appoint guardian ad litem or other representative (§§ 19-3B-301, -303 to -305, -411(e)) |
NJSA may concern any trust matter but cannot violate material purpose and may include only court-approvable terms; court review optional (§ 19-3B-111). Trust terms may grant a trustee/other person power to direct modification or termination (§ 19-3B-808(c)) |
Court may change administrative/dispositive terms or terminate when unanticipated circumstances make relief further trust purposes; may change administrative terms if existing terms are impracticable, wasteful, or impair administration (§ 19-3B-412) |
For 2026 value determinations, indexed ceiling is $108,900: after notice, trustee may terminate below it if costs are unjustified. Court may modify/terminate without fixed ceiling; purpose-consistent distribution; conservation/preservation easements excluded (§ 19-3B-414) |
Court may reform even unambiguous terms on clear-and-convincing proof that both settlor intent and terms were affected by fact/law mistake. Court may modify for tax objectives consistently with probable intention, with possible retroactivity (§§ 19-3B-415 to -416) |
Trustee or beneficiary may commence proceedings under §§ 19-3B-411 to -416; settlor consent is not separate commencement standing (§ 19-3B-410(b)). Judicial notice follows civil rules (§ 19-3B-109(d)); consent termination follows beneficiary agreement, other distributions follow trust purposes |
| Alaska verified 2026-08-11 | Alaska Stat. §§ 13.36.345 to .365 and .370, plus § 13.06.120; court consent/nonconsent, unanticipated-circumstance, under-$50,000, mistake, tax, protector, and representation routes. No general statutory NJSA route in current ordinary-trust provisions |
No separate statutory settlor-plus-beneficiary material-purpose override. Trustee, settlor, or beneficiary may petition, but § 13.36.360 requires all beneficiaries' consent and court approval under its purpose/balancing test |
All beneficiaries must consent; court ordinarily requires continuation unnecessary to further a material purpose, but may find the reason for relief outweighs accomplishing material purposes. Transfer restriction may be material but is not presumed material (§ 13.36.360(a)) |
Only a nonconsenting beneficiary other than a qualified beneficiary may be overridden if unanimous consent would have supported relief and the person's rights are adequately protected or not significantly impaired (§ 13.36.360(c)). Section 13.06.120 supplies conflict-limited representation and guardian-ad-litem fallback |
Trust instrument may appoint a protector with only conferred powers, which may include tax/law-responsive amendment, beneficiary-interest changes, and power-of-appointment changes (§ 13.36.370). Trustee may terminate below $50,000 under § 13.36.365(a). No general statutory NJSA route |
Trustee, settlor, or beneficiary may petition; court may modify administrative/dispositive terms or terminate if unanticipated circumstances make relief substantially further the settlor's purposes. Distribution follows probable intention. No separate impracticable/wasteful test (§ 13.36.345) |
If value is less than $50,000, trustee may terminate unless instrument says otherwise; no statutory notice/objection period. Despite trust terms, court may modify, terminate, or replace trustee when value is insufficient for costs, with no fixed court ceiling; distribute by probable intent (§ 13.36.365) |
Court may reform an unambiguous trust for fact/law mistake in expression or inducement when settlor intent is established by clear and convincing evidence; direct evidence may contradict text. Tax modification must respect probable intent and may be retroactive (§§ 13.36.350 to .355) |
Trustee, settlor, or beneficiary may petition under §§ 13.36.345 to .365. Hearing notice generally follows § 13.06.110. Qualified beneficiaries must consent under § 13.36.360; transfer restriction not presumed material. Unanticipated/uneconomic termination distributes by probable intention; § 13.36.360 states no separate distribution formula |
| Arizona verified 2026-08-11 | A.R.S. §§ 14-10105, -10111, -10301–-10302, -10410–-10416, -10817–-10818; beneficiary-consent court, NJSA, changed-circumstance, uneconomic, mistake, tax, distribution, and instrument-authorized protector routes |
No separate settlor + all-beneficiary consent route in § 14-10411. Court modification powers under §§ 14-10410–-10416 cannot be displaced by trust terms (§ 14-10105(B)(4)) |
All beneficiaries + court: termination requires continuation unnecessary for any material purpose; modification must not be inconsistent with a material purpose. Distribution follows beneficiary agreement (§ 14-10411(A)–(B)) |
Court may act despite missing beneficiary consent if unanimous route would work and nonconsenting interest is adequately protected. Representation imports §§ 14-1404–-1408; court may appoint broader representative under § 14-10302. Parent-settlor cannot represent child for consent (§ 14-10411(C)) |
Interested persons may sign NJSA only within material-purpose and court-approvable-term limits; court review optional. Trust instrument may give protector broad amendment power, including tax/law changes and beneficiary-interest changes, subject to instrument and statutory limits (§§ 14-10111, -10818) |
Court may modify administrative/dispositive terms or terminate for unanticipated circumstances when relief furthers trust purposes, following probable intent where practicable; administrative terms may change if impracticable, wasteful, or impairing administration (§ 14-10412) |
After notice, non-interested trustee may terminate if value is under $100,000 OR trust is uneconomic to administer, plus cost finding; no stated wait period. Court may modify/terminate or replace trustee without fixed ceiling. Conservation/preservation easements excluded (§ 14-10414) |
Court may reform even unambiguous terms on clear-and-convincing proof that fact/law mistake affected both intent and terms. Tax-objective modification must not contradict probable intent and may be retroactive (§§ 14-10415–-10416) |
Trustee or beneficiary may commence statutory proceeding. General notice uses receipt-likely methods; judicial notice follows § 14-1401. No special spendthrift presumption in consent section. Termination distribution is route-specific; optional proposal ends objection after 30 days only if right/deadline stated (§§ 14-10109, -10410, -10817) |
| Arkansas verified 2026-08-11 | Ark. Code §§ 28-69-401–403; 28-73-109, -111, -301 to -305, -410, -411, -412, -414, -415, and -416; and 28-76-102, -106; parallel older consent, UTC consent, NJSA, changed-circumstance, uneconomic, mistake, tax, and terms-granted director routes |
Trust Code: settlor + all beneficiaries may modify/terminate despite material purpose; no stated mandatory court order. Agent needs express POA/trust authority; conservator or guardian needs supervising-court approval. Older § 28-69-401 requires written settlor + all named-beneficiary consent and an unforeseen-frustration court finding |
All beneficiaries + court: terminate if continuation is unnecessary to any material purpose; modify if not inconsistent. Spendthrift provision is presumed a material purpose (§ 28-73-411(b)–(c)) |
Court may approve with missing beneficiary consent if full consent would have permitted relief and the nonconsenting interest is adequately protected. Conflict-limited powerholder, fiduciary, parent, identical-interest, and guardian-ad-litem representation applies; settlor cannot represent beneficiary for § 411(a) |
Interested persons may settle any trust matter if terms respect material purpose and are court-approvable; court review optional (§ 28-73-111). A trust director has only a terms-granted power of direction plus appropriate ancillary power (§§ 28-76-102, -106) |
Court may change administrative/dispositive terms or terminate when unanticipated circumstances make relief further trust purposes; probable intent controls where practicable. Administrative terms may change if impracticable, wasteful, or impairing administration (§ 28-73-412). Older § 28-69-401 separately addresses unforeseen frustrated purposes |
After notice to qualified beneficiaries, trustee may terminate below $100,000 if value cannot justify cost. Court may modify, terminate, or replace trustee without fixed ceiling; purpose-consistent distribution; conservation/preservation easements excluded (§ 28-73-414) |
Court may reform even unambiguous terms on clear-and-convincing proof that settlor intent and terms were affected by fact/law mistake. Tax-objective modification cannot contradict probable intent and may be retroactive (§§ 28-73-415–.416) |
Trustee or beneficiary may commence proceedings under §§ 411, 412, 414, 415, and 416; settlor may commence § 411 proceeding. Judicial notice follows civil rules; no fixed Trust Code hearing period. Settlor-consent, beneficiary-consent, changed-circumstance, and uneconomic routes use their own beneficiary-agreement or purpose-consistent distribution rules |
| California verified 2026-08-11 | Cal. Prob. Code §§ 15403–15410, 15804, 17200, 17203; written settlor/all-beneficiary consent, beneficiary petition, nonconsent court relief, representation, changed-circumstance, and uneconomic-trust routes |
Settlor + all beneficiaries may modify or terminate by written consent without court. With settlor consent but missing beneficiary consent, court may modify or partially terminate if nonconsenting interests are not substantially impaired (§ 15404) |
All beneficiaries may petition. Court balances the reason for change against any necessary material purpose; termination of a trust with a valid transfer restraint requires good cause (§ 15403) |
Settlor-consent route protects nonconsenting interests from substantial impairment. Guardian ad litem may consent for beneficiary lacking capacity, minor, unborn, or unascertained; § 15804 representation requires no conflict and bars settlor representation for this matter (§ 15404; § 15405; § 15804) |
Written settlor + all-beneficiary consent acts without court (§ 15404(a)); trustee may terminate principal not exceeding $100,000 without court (§ 15408(b)). Chapter states no separate ordinary nonjudicial-settlement or protector route |
Trustee or beneficiary may petition to modify administrative/dispositive terms or terminate when circumstances unknown and unanticipated by settlor make continuation defeat or substantially impair trust purposes (§ 15409) |
Trustee may terminate without court when principal does not exceed $100,000. Court may terminate, modify, or appoint new trustee when low value versus cost would defeat or substantially impair purposes; transfer restraint does not bar (§ 15408) |
No ordinary statutory fact/law-mistake reformation or general tax-objective test in §§ 15403–15410. § 17200(b)(15) is limited to conforming an instrument for the federal charitable estate-tax deduction, outside this survey's ordinary noncharitable scope |
Court routes proceed by petition; 30-day hearing notice goes to trustees and beneficiaries, with petition/service for other affected persons. No court required under §§ 15404(a), 15408(b). Distribution follows agreement, instrument, or near-settlor-intent court/trustee direction (§§ 15410, 17200, 17203) |
| Colorado verified 2026-08-11 | Colo. Rev. Stat. §§ 15-5-105, -111, -410 to -416; mandatory court powers plus consent, nonjudicial settlement, changed-circumstance, uneconomic, mistake, and tax routes; governing-law rule in § 15-5-107 |
Court petition required; court shall approve settlor + all-beneficiary consent despite material purpose. Agent needs express authority; conservator or fallback guardian needs supervising-court approval (§ 15-5-411(1)) |
All beneficiaries + court: terminate if continuance is unnecessary to any material purpose; modify if not inconsistent with a material purpose. Spendthrift is not presumed material; court-ordered Medicaid trusts excluded (§ 15-5-411(2)–(3)) |
Court may approve without every beneficiary if full consent would have permitted the change and the nonconsenting interest is adequately protected. Statutory representation is conflict-limited; court may appoint a representative (§§ 15-5-411(5), 15-5-301 to -305) |
Broad NJSA requires materially affected parties, must not violate material purpose, and may contain only court-approvable terms; court review optional (§ 15-5-111). Trust director has only terms-granted powers; no universal statutory director/protector amendment power (§§ 15-16-802, -806) |
Court may change administrative/dispositive terms or terminate when unanticipated circumstances make relief further trust purposes; may change administrative terms if existing terms are impracticable, wasteful, or impair administration (§ 15-5-412) |
After notice to qualified beneficiaries, trustee may terminate below one hundred thousand dollars if costs are unjustified. Court may act without a fixed ceiling; purpose-consistent distribution; conservation/preservation easements excluded (§ 15-5-414) |
Court may reform even unambiguous terms on clear-and-convincing proof that settlor intent and terms were affected by fact/law mistake. Court may modify—not terminate—for tax objectives consistently with probable intention, with possible retroactivity (§§ 15-5-415 to -416) |
Trustee or beneficiary may commence Part 4 proceeding (§ 15-5-410(2)); settlor supplies consent but is not separately listed as commencement party. No fixed Part 4 notice period; judicial notice follows probate/civil rules. Consent termination follows beneficiary agreement; §§ 15-5-412/-414 use trust purposes |
| Connecticut verified 2026-08-11 | Conn. Gen. Stat. §§ 45a-499e, 45a-499k, 45a-499q–45a-499t, 45a-499dd–45a-499ff, and 45a-499ii–45a-499kk; mandatory court powers, consent, changed circumstances, uneconomic trust, mistake, tax objectives, and representation |
Court may approve only if settlor, trustee, and all beneficiaries consent; may override a material purpose. Expressly authorized agent or court-approved conservator may supply settlor consent. This route excludes trusts already irrevocable before January 1, 2020 (§ 45a-499ee(a)) |
All beneficiaries + court. Termination requires that continuance is unnecessary for any material purpose; modification must not be inconsistent with a material purpose. Spendthrift is not presumed material (§ 45a-499ee(b)–(c)) |
Court may excuse missing beneficiary consent if the all-beneficiary route would work and the nonconsenting interest is adequately protected. Conflict-limited power-holder, fiduciary, parent, identical-interest, and guardian-ad-litem representation applies (§§ 45a-499q–45a-499t, 45a-499ee(e)) |
Conn. Gen. Stat. § 45a-499k expressly forbids a nonjudicial settlement agreement from modifying or terminating an irrevocable trust. A trustee has only the separate under-$200,000 inter vivos termination route in § 45a-499ii(a) within this surveyed scheme |
Court may modify administrative or dispositive terms, or terminate a noncharitable trust, when unanticipated circumstances make the change further trust purposes; administrative terms may change if existing terms are impracticable, wasteful, or impair administration (§ 45a-499ff) |
After 30 days' notice, trustee may terminate a noncharitable inter vivos trust worth less than $200,000 if value cannot justify cost. Court may modify or terminate testamentary or inter vivos trusts, or replace trustee, on a cost-versus-material-purpose finding; conservation/preservation easements excluded (§ 45a-499ii) |
Court may reform even unambiguous noncharitable terms on clear-and-convincing proof of settlor intent and fact/law mistake. Court may make a probable-intent-consistent tax-objective modification retroactive (§§ 45a-499jj–45a-499kk) |
Trustee or beneficiary may commence; trustee is necessary and may appeal. Conn. Gen. Stat. § 45a-499o gives Probate and Superior Courts concurrent listed jurisdiction, and § 45a-499i(d) sends judicial notice to applicable court rules. Distribution is beneficiary-agreed/court-approved or court-directed consistent with trust purposes |
| Delaware verified 2026-08-11 | 12 Del. C. chs. 33 and 35: living-trustor written modification (§ 3342), nonjudicial settlement (§ 3338), terms-granted protector authority (§ 3313), no-fixed-ceiling cost termination (§ 3542), execution (§ 3545), and representation (§ 3547) |
Living trustor + all serving fiduciaries + all beneficiaries having an interest may modify by written consent/nonobjection despite material purpose, if the new term could be included in a trust created then and the instrument does not prohibit the route (§ 3342) |
No beneficiaries-alone statutory route. All affected interested persons may use a binding NJSA regarding any trust matter; absent the trustor as a party, it is valid only to the extent it does not violate a material purpose (§ 3338) |
Section 3342 requires every listed person's written consent or nonobjection; no missing-consent court substitute is stated. Section 3547 permits conflict-limited representation of minors, incapacitated, unborn, unascertainable, remainder, and power-of-appointment interests in judicial and nonjudicial matters |
Section 3338 NJSA; § 3342 living-trustor modification; instrument-granted protector power may include tax-status, efficient-administration, and power-of-appointment changes (§ 3313(f)); qualifying trustee may terminate under § 3542 without court |
No separate general statutory UTC changed-circumstance or impracticability section in current chs. 33-35. Available statutory tools are the § 3338 NJSA, § 3342 living-trustor route, terms-granted protector power, and § 3542 cost-purpose termination |
No dollar ceiling. A qualifying trustee may terminate when administration costs would defeat or substantially impair the trust's purpose, unless terms provide otherwise; written notice, 30-day objection, and after objection a 6-month petition/hold process apply (§ 3542) |
No separate general statutory mistake-reformation section or proof burden in current chs. 33-35. Tax/administration changes may use § 3342 or § 3338 when their conditions fit; a protector has such power only if the governing instrument grants it (§ 3313(f)) |
Consent/NJSA routes are nonjudicial with optional Chancery validity review. Section 3545 governs execution of specified written modifications. Section 3542 gives notice recipients 30 days to object and 6 months after further notice to petition; spendthrift does not bar the route; trustee distributes to beneficiaries in its discretion |
| District of Columbia verified 2026-08-11 | D.C. Uniform Trust Code §§ 19-1301.11, 19-1304.10–19-1304.16: NJSA, consent, changed circumstances, uneconomic trust, mistake, and tax routes; §§ 19-2102, -2106 add instrument-granted trust-director powers |
Settlor + all beneficiaries may consent despite a material purpose; court is not expressly mandatory, but approval/disapproval may be sought. Expressly authorized agent, then court-approved conservator or guardian, may supply settlor consent (§§ 19-1304.10–.11) |
All beneficiaries + court: termination only if no material purpose needs continuation; modification only if consistent with a material purpose. Spendthrift is not presumed material (§ 19-1304.11(b)–(c)) |
Court may approve missing consent if the all-consent route would work and the nonconsenter is adequately protected; conflict-limited fiduciary, parent, successor-interest, identical-interest, and appointed representation apply (§§ 19-1303.01, -.03–.05, 19-1304.11(e)) |
NJSA by interested persons must preserve material purpose and use court-approvable terms; review is optional. A trust director has only powers the trust grants plus appropriate further powers, not an independent rewrite power (§§ 19-1301.11, 19-2102, -2106) |
Court may change administrative/dispositive terms or terminate when unanticipated circumstances make relief further trust purposes; administrative terms may change if impracticable, wasteful, or impairing (§ 19-1304.12) |
After notice, trustee may terminate without court when total value is less than $50,000 and costs are unjustified; court has no fixed ceiling and may modify, terminate, or replace trustee. Conservation/preservation easements excluded (§ 19-1304.14) |
Unambiguous terms may be reformed on clear-and-convincing proof that fact/law mistake affected intent and terms; probable-intent tax modification may be retroactive (§§ 19-1304.15–.16) |
Trustee/beneficiary may seek approval for §§ .11–.16; settlor only for § .11. Statutory notice uses receipt-likely methods; judicial notice follows civil rules. Consent termination distributes as beneficiaries agree; other routes follow purposes; optional distribution proposal has a 30-day objection bar (§§ 19-1301.09–.10, 19-1304.10–.14, 19-1308.17) |
| Florida verified 2026-08-11 | Fla. Stat. §§ 736.0410, .04113–.04116, .0412, .0414; judicial purpose/best-interest, post-death nonjudicial, uneconomic, mistake, tax-objective, and preserved common-law routes |
No general statutory Uniform Trust Code settlor-plus-beneficiary consent route in Part IV. Judicial-purpose and best-interest sections preserve common-law modification/termination rights (§§ 736.04113(4), .04115(5)) |
Qualified beneficiary may petition with no unanimity requirement under §§ 736.04113/.04115. No general beneficiaries-only material-purpose consent route; court applies fulfilled/illegal/impossible/wasteful/impracticable, unanticipated-impairment, lost-purpose, or best-interest tests |
Nonjudicial agreement binds a beneficiary represented under Part III. No § 736.0412 route without unanimous trustee + all qualified-beneficiary agreement; judicial routes do not depend on beneficiary consent and state no UTC hypothetical-consent/adequate-protection test |
After settlor's death: unanimous trustee + all qualified beneficiaries may make § 736.04113(2) changes. Spendthrift/no-amendment terms do not bar; representation binds. Excludes pre-2001 trusts, stated RAP trusts absent express authorization, and charitable-deduction trusts while charitable interests remain (§ 736.0412) |
Trustee or qualified beneficiary may seek modification/whole or partial termination for fulfilled, illegal, impossible, wasteful, impracticable purposes; unanticipated circumstances substantially impairing material purpose; or vanished material purpose (§ 736.04113) |
Trustee may terminate trust under $50,000 after notice if costs unjustified. Court may modify/terminate or replace trustee whenever value is insufficient for costs, without fixed ceiling. Spendthrift not bar unless trust expressly disables trustee route; conservation easements excluded (§ 736.0414) |
Court may reform even unambiguous trust for fact/law mistake with clear-and-convincing proof of affected intent and terms; contrary extrinsic evidence allowed. Any interested person may seek probable-intent-consistent tax-objective modification with possible retroactivity (§§ 736.0415–.0416) |
Standing varies by route. Courts consider terms, purposes, creation circumstances, extrinsic evidence, and spendthrift as a factor. Nonjudicial and under-$50,000 routes require stated participants/notice. Uneconomic termination distributes consistently with trust purposes; other termination follows agreement or court order |
| Georgia verified 2026-08-11 | O.C.G.A. §§ 53-12-8–9, 53-12-60–61, 53-12-65, 53-12-511–512; instrument-authorized, judicial consent, post-death NJSA, representation, changed-circumstance, uneconomic, mistake, and tax routes |
Living settlor + all qualified beneficiaries + court; court shall approve despite material purpose after trustee notice. Authorized agent, or court-approved conservator/guardian in statutory order, may supply settlor consent (§ 53-12-61(b)) |
Only after settlor's death: all qualified beneficiaries + trustee notice + court. Modification must not conflict with material purpose; termination requires continuation unnecessary for any material purpose (§ 53-12-61(c)) |
No separate UTC-style missing-qualified-consent override. During settlor's life, all qualified beneficiaries conclusively bind nonqualified beneficiaries despite conflict or objection; other representation generally carries authority/conflict limits, and the settlor cannot represent a beneficiary (§§ 53-12-8, 53-12-61(o)) |
Instrument may empower trustee/other person to modify or terminate without court. NJSA requires trustee, any trust director, and all affected persons; must respect material purpose and court-approvable terms. During settlor's life it cannot replace the § 53-12-61(b) proceeding (§§ 53-12-9, 53-12-61(a)) |
Court may modify for unanticipated circumstances when change furthers purposes, or modify administration when existing provisions impair administration. Court may terminate for cost, fulfilled/illegal/impossible purpose, or impaired accomplishment (§ 53-12-61(d), (h)) |
Trustee may terminate after qualified-beneficiary notice if value is under $100,000 OR annual fee is at least 5% of principal market value and cost is unjustified. Court has no fixed threshold; distribution follows purposes; conservation easements and Title 10 ch. 14 trusts excluded (§§ 53-12-61(d)(6), 53-12-65) |
Court may reform even unambiguous terms on clear-and-convincing proof that fact/law mistake affected provisions, conforming them to intent. Court may modify for tax objectives prospectively or retroactively, while conforming as nearly as practicable to settlor intent (§§ 53-12-60, 53-12-61(d)(4), (h)) |
Specified fiduciaries/beneficiaries have standing. Route-specific 31-day petition delivery or written waiver, filed certification, possible intervention, and discretionary hearing apply; spendthrift is no bar. Termination order allocates among current and remainder beneficiaries to approximate intent (§ 53-12-61(e)–(i), (m)–(n)) |
| Hawaii verified 2026-08-11 | Haw. Rev. Stat. §§ 554D-111, 554D-410 to -416; post-2021 courtless settlor/all-beneficiary consent, beneficiary court route, NJSA, changed-circumstance, below-$100,000, mistake, and tax-objective routes |
Settlor + all beneficiaries may modify/terminate without stated court approval despite material purpose, but § 554D-411(a) excludes trusts created/becoming irrevocable before Jan. 1, 2022. Agent needs express authority; conservator/guardian needs supervising-court approval |
All beneficiaries: termination needs court conclusion that continuance is unnecessary to any material purpose; modification must not be inconsistent with material purpose. Spendthrift materiality is a fact question, not a presumption (§ 554D-411(b)–(c)) |
Court may approve despite missing beneficiary consent if all-consent route would work and interest is adequately protected. Conflict-limited powerholder, fiduciary, parent-priority, qualified-beneficiary, identical-interest, and guardian-ad-litem representation apply (§§ 554D-301 to -305; 554D-411(e)) |
Post-2021 settlor + all-beneficiary consent route is courtless. Interested persons may make binding NJSA about any trust matter if no material-purpose violation and only court-approvable terms; optional review. No general protector route in surveyed sections (§§ 554D-111, -411(a)) |
Court may modify administrative/dispositive terms or terminate when unanticipated circumstances make relief further trust purposes; probable intention followed as practicable. Administrative terms may change if impracticable, wasteful, or administration-impairing (§ 554D-412) |
After qualified-beneficiary notice, trustee may terminate below $100,000 if value cannot justify cost. Court may modify/terminate or replace trustee without fixed ceiling. Purpose-consistent distribution; conservation/preservation easements excluded (§ 554D-414) |
Court may reform even unambiguous trust upon clear-and-convincing proof of settlor intention and that fact/law mistake affected terms. Tax-objective modification must not oppose probable intention and may be retroactive (§§ 554D-415 to -416) |
Trustee/beneficiary may commence §§ 554D-411 to -416 proceeding; settlor may commence § 554D-411. Exclusive trust-administration jurisdiction. Consent termination follows beneficiary agreement; changed/uneconomic termination follows purposes. Court power cannot be waived (§§ 554D-105, -203, -410) |
| Idaho verified 2026-08-11 | Idaho Code chs. 15-7, 15-8 and § 68-108; non-UTC TEDRA agreement/court, instrument-granted protector, tax-compliance, trustee-power deviation, and below-$100,000 termination routes |
No separate settlor-plus-beneficiaries statute. TEDRA requires a written agreement signed by all parties to the matter, including the living trustor, trustee, beneficiaries, powerholders, and other interested persons as applicable (§§ 15-8-103, -302) |
No codified beneficiary-only material-purpose test. Beneficiaries alone cannot use TEDRA when the trustee, living trustor, powerholder, or another person is also a party to the matter |
Conflict-free virtual representation can bind for notice and agreement; special representative or guardian ad litem available for minor, incapacitated, unborn, unascertained, unknown, or unlocated interests. Special-representative agreement review asks adequate representation and protection (§§ 15-8-205, -209, -302 to -305) |
All parties may sign a written TEDRA agreement; filing makes it equivalent to a final order. Instrument-appointed disinterested protector may modify or terminate only within granted powers. Trustee has separate below-$100,000 route (§§ 15-8-301 to -305; 15-7-501; 15-7-402) |
No general statutory changed-circumstance or impracticability formula. Court has broad TEDRA power over trust matters; for cause, court may relieve a trustee from trust or statutory restrictions on trustee powers after petition and appropriate notice (§§ 15-8-102, 68-108) |
Trustee may terminate when collective net fair market value is below $100,000: near-plan distribution, written notice to all interested persons, 30-day written-objection window, and court petition if objected. Spendthrift does not bar unless instrument expressly removes power (§ 15-7-402(4)) |
No general statutory mistake-reformation standard or proof burden. TEDRA expressly treats amendment, reformation, or conformation for federal tax compliance, exemptions, deductions, elections, and other tax requirements as a covered matter (§ 15-8-103(1)(e)) |
Registered-trust court has exclusive internal-affairs jurisdiction; Chapter 7 route begins by petition and notice. TEDRA notice, when required, is at least 14 days before hearing; filing all-party agreement equals final order. Small-trust distribution follows the dispositive plan as nearly as possible (§§ 15-7-201, -206; 15-8-204, -303; 15-7-402) |
| Illinois verified 2026-08-11 | 760 ILCS 3/105, 111, 301, 303–305, 410–412, 414–416; court-supervised beneficiary consent, representation, administrative NJSA, changed-circumstance, uneconomic, mistake, and settlor-objective routes |
No general settlor-plus-beneficiary override. § 411 requires beneficiary consent and a court material-purpose finding; it does not make settlor consent a separate route |
All beneficiaries + court: termination only if continuation is unnecessary for any material purpose; modification only if not inconsistent with any material purpose. Spendthrift is a factor, not an automatic bar (§ 411(a)–(c)) |
Court may approve despite missing consent if the all-consent route would work and the nonconsenter is treated equitably and consistently with trust purposes. Article 3 representation has capacity, authority, similar-interest, and conflict limits (§§ 301, 303–305; § 411(e)) |
Interested persons or Article 3 representatives may make a binding NJSA for administrative modification; termination requires court approval and no remaining clear material purpose. Trust may expressly opt out of § 111 (§ 111) |
Court may change administrative/dispositive terms or terminate for unanticipated circumstances when relief furthers trust purposes; administrative-only change also allowed for impracticable, wasteful, or impaired administration (§ 412) |
Trustee may terminate property worth less than $100,000 if continuation costs substantially impair purpose, after qualified-beneficiary notice and at least 30 days' current-beneficiary notice. Court has a no-threshold cost test (§ 414) |
Court may reform even unambiguous terms on clear-and-convincing proof of settlor intent and fact/law mistake. Court may modify for tax objectives or government-benefit qualification, consistent with probable intent, with possible retroactivity (§§ 415–416) |
Trustee or beneficiary may commence Article 4 proceeding. Court required for § 411 consent relief and § 111 termination; NJSA review petition is available within 60 days after effectiveness. Distribution depends on route (§§ 111, 410–412, 414) |
| Indiana verified 2026-08-11 | Ind. Code §§ 30-4-3-24.4–30-4-3-26 and 30-4-5-25: judicial changed-circumstance, purpose, deviation, reformation, trustee-termination, and bounded nonjudicial-settlement routes |
No separate statutory settlor-plus-beneficiary override. A nonjudicial settlement requires each interested person whose consent a court settlement would require and remains subject to material-purpose and court-approvability limits (§ 30-4-5-25(a)–(c)) |
Trustee may propose termination on economic-best-interest grounds; it occurs on written consent of all qualified beneficiaries and must serve beneficiary best interests consistently with settlor intent (§ 30-4-3-24.5(c), (e)) |
No UTC-style missing-consent/adequate-protection override. Conflict-free fiduciary, parent, power-holder, substantially identical-interest, and guardian-ad-litem representation may bind others; advance objection defeats representative consent (§ 30-4-6-10.5) |
Interested persons may sign a binding NJSA on any trust matter only if it respects material purpose, uses court-approvable terms, and produces an otherwise authorized result; listed matters include distribution criteria and trust-director appointment/powers (§ 30-4-5-25) |
Court may change administrative or dispositive terms when unanticipated circumstances further trust purposes; may change administration or terminate for fulfilled purpose, illegality, impossibility, impracticability, waste, or impaired administration; separate deviation rule (§§ 30-4-3-24.4, -26) |
Trustee: value under $75,000 + unjustified cost + qualified-beneficiary notice, unless terms say otherwise. Separate all-qualified-beneficiary written-consent proposal; court cost-benefit route has no stated ceiling (§ 30-4-3-24.5) |
Interested party may seek rescission or reformation under general nontrust-transfer rules; reserved revoke/modify power omitted by mistake has a specific court route. No separate ordinary tax-objective subsection in these provisions (§§ 30-4-3-24.4(d), -25) |
Route-specific standing and process; court approval is mandatory for §§ 24.4, 25, and 26 but optional for an NJSA. § 24.5 trustee route requires qualified-beneficiary notice; termination distributions must follow trust purposes; no express spendthrift override (§§ 30-4-3-24.4–30-4-3-26; 30-4-5-25(e)) |
| Iowa verified 2026-08-11 | Iowa Code §§ 633A.1105, .2201–.2206, .6202, and .6301–.6308; controlling trust terms, direct consent, judicial dispositive/administrative/uneconomic routes, reformation, tax objectives, representation, and settlement |
Settlor + all beneficiaries may directly modify or terminate; § 633A.2202 states no court-order or material-purpose condition. Beneficiary-representative consent counts. Termination distribution follows unanimous settlor/beneficiary agreement or court order if distribution agreement is lacking |
All beneficiaries + court. Court may terminate or modify dispositive provisions if continuation on the same or different terms is unnecessary to carry out a material purpose. Trustee removal or a beneficiary trustee-removal/appointment power cannot be added through this route (§ 633A.2203) |
No statutory court override for a truly nonconsenting beneficiary in §§ 633A.2202–.2203. Conflict-limited power-holder, fiduciary, parent, identical-interest, guardian-ad-litem, and special-representative rules can bind represented beneficiaries (§§ 633A.6301–.6307) |
Direct § 633A.2202 consent is courtless. Section 633A.6308 permits material-purpose/court-approvable nonjudicial settlements generally but expressly excludes modification or termination under beneficiary-only § 633A.2203. No separate statutory trustee/protector modification route in Part 2 |
On trustee or beneficiary petition, court may modify administrative provisions only when unknown and unanticipated circumstances make existing terms defeat or substantially impair trust purposes; court may authorize acts forbidden by the instrument (§ 633A.2204) |
No fixed dollar threshold and no trustee-only route. On trustee or beneficiary petition, court may modify, terminate, or appoint a new trustee if value cannot justify cost and existing terms would defeat or significantly impair trust purposes (§ 633A.2205) |
Court may reform even unambiguous terms on clear-and-convincing proof that settlor intent and terms were affected by fact/law mistake. Tax construction/modification must not violate probable intent; § 633A.2206 states no retroactive-effect power |
Trustee, beneficiary, or other interested party may petition. Judicial-settlement notice goes to every interested person or a binding representative. Trust terms control over the code. Distribution follows the route-specific agreement, probable-intent, or wind-up rule (§§ 633A.1105, .2201–.2205, .6202, .6305) |
| Kansas verified 2026-08-11 | K.S.A. 58a-111, -301 to -305, -410 to -412, -414 to -416; K.S.A. 58-5002, -5006, -5008; 2026 HB 2590 §§ 10–11; UTC consent, limited NJSA, representation, changed-circumstance, uneconomic, mistake, tax, director, and designated-representative routes |
Settlor + all qualified beneficiaries may modify/terminate despite material purpose; agent needs express authority, conservator/guardian needs supervising-court approval. Route excludes trusts created or made irrevocable before Jan. 1, 2003 (§ 58a-411(a)) |
All qualified beneficiaries + court: terminate if continuation is unnecessary to any material purpose; modify if not inconsistent. Spendthrift and rule-against-perpetuities provisions are not presumed material purposes (§ 58a-411(b)–(c)) |
Court may approve with missing consent if full consent would have permitted relief and nonconsenting interests are adequately protected. Conflict-limited statutory, retained, court-appointed, and 2026 designated-representative rules may bind others |
Interested persons may settle only seven listed matters, subject to material-purpose and court-approvable-term limits; review optional (§ 58a-111). Trust director has only a terms-granted direction and appropriate further powers (§§ 58-5002, -5006) |
Court may change administrative/dispositive terms or terminate when unanticipated circumstances make relief further trust purposes; probable intent governs where practicable. Administrative terms may change if impracticable, wasteful, or impairing administration (§ 58a-412) |
After notice to qualified beneficiaries, trustee may terminate only below $250,000 if cost is unjustified. Court route has no fixed ceiling; purpose-consistent distribution; conservation/preservation and trustee/support-recipient exclusions (§ 58a-414) |
Court may reform even unambiguous terms on clear-and-convincing proof that settlor intent and terms were affected by fact/law mistake. Tax-objective modification cannot contradict probable intent and may be retroactive (§§ 58a-415–.416) |
Trustee or qualified beneficiary may commence §§ 411–416 proceedings; settlor may commence § 411. Judicial notice follows civil procedure; no fixed Trust Code hearing period. Distribution follows qualified-beneficiary agreement, trust purposes, or the governing route (§§ 58a-109, -410 to -412, -414) |
| Kentucky verified 2026-08-11 | KRS §§ 386B.1-030, -050, -090; 386B.4-100 to -160; 386B.11-040; mandatory court powers plus consent, NJSA, changed-circumstance, uneconomic, mistake, tax, and terms-granted director routes; broad July 15, 2014 application |
Unless trust terms provide otherwise, settlor + all beneficiaries may act without court despite material purpose. Agent needs express POA authority and no trust prohibition; conservator or fallback guardian needs supervising-court approval and no trust prohibition (§ 386B.4-110(1)) |
All beneficiaries + District Court: terminate if continuance is unnecessary to any material purpose; modify if not inconsistent. Spendthrift not presumed material. Specified special-needs trusts excluded only from settlor-consent subsection (§ 386B.4-110(2)–(3), (6)–(7)) |
Court may approve without every beneficiary if full consent would have permitted relief and the nonconsenting interest is adequately protected. Representation is conflict-limited; guardian ad litem available (§§ 386B.3-010, -030 to -050; 386B.4-110(5)) |
NJSA may concern any trust matter but cannot violate material purpose and may include only court-approvable terms; District Court review optional (§ 386B.1-090). Current trust director has only terms-granted power of direction and appropriate ancillary power (§§ 386B.1-010, 386B.12-010, -050) |
District Court may change administrative/dispositive terms or terminate when unanticipated circumstances make relief further trust purposes; may change administrative terms if existing terms are impracticable, wasteful, or impair administration (§ 386B.4-120) |
After notice, trustee—or personal representative holding a will-directed trust amount—may terminate below $100,000 if costs are unjustified. Court may modify/terminate without fixed ceiling; purpose-consistent distribution; conservation/preservation easements excluded (§ 386B.4-140) |
Court may reform even unambiguous terms on clear-and-convincing proof of settlor intent and fact/law mistake. District Court may modify for tax objectives consistently with probable intention, with possible retroactivity (§§ 386B.4-150 to -160) |
Trustee/beneficiary may commence §§ 386B.4-110 to -160 proceedings; settlor may commence § 386B.4-110 matter (§ 386B.4-100(2)). Judicial notice follows civil rules, not a fixed Trust Code period (§ 386B.1-070(4)); consent termination follows beneficiary agreement, other routes follow trust purposes |
| Louisiana verified 2026-08-11 | Louisiana Trust Code, La. R.S. 9:1725, 9:2021–2031, 9:2051, 9:2235; reserved/delegated powers, purpose-protection court relief, and sub-$100,000 trustee termination—not UTC consent architecture |
Modification requires an expressly reserved power and concurrence of all surviving competent settlors; unrestricted reservation can terminate (§§ 9:2021–2024). All settlor/trustee/beneficiary consent alone is ineffective unless law or instrument authorizes (§ 9:2028) |
No general beneficiary-only consent route. Court uses defeat/substantial-impairment of purposes, not UTC material-purpose tests (§ 9:2026(A)); all-beneficiary consent is part of only the sub-$100,000 trustee route (§ 9:2026(B)) |
No hypothetical-all-consent/adequate-protection route stated. Small-trust consent may come from every beneficiary's legal representative; natural tutor may consent for minor without formal tutorship or undertutor concurrence (§ 9:2026(B)) |
Settlor may delegate termination or administrative modification (§ 9:2025); trust may grant narrow descendant-beneficiary modification power (§ 9:2031). No general protector power in these routes; § 9:2129 instead concerns corporate-trustee securities deposits |
Proper court may modify/terminate if unchanged continuance would defeat or substantially impair trust purposes; may act if purpose becomes impossible or illegal (§§ 9:2026(A), 9:2027). No separate unanticipated/impracticable-administration test stated |
Unless trust terms provide otherwise, trustee may terminate when market value is less than $100,000 after all beneficiaries or legal representatives consent; no administration-cost test or notice period stated; natural-tutor rule for minors (§ 9:2026(B)) |
No express mistake-reformation or tax-objective section in current Part IV. Relief must fit an applicable reserved/delegated power or the purpose-impairment/impossibility/illegality court routes; no statutory proof burden or retroactivity rule stated |
Proper court follows § 9:2235. Party-made change uses authentic act or witnessed-and-acknowledged private act, or testament, with trustee-receipt rule (§ 9:2051). Court termination approximates settlor intent; termination activates dispositions and recipient liability; immovable termination may require parish recording (§§ 9:2026(A), 9:2029–2029.1) |
| Maine verified 2026-08-11 | 18-B M.R.S. §§ 111, 410 to 416; court consent with best-interests overlay, NJSA, changed-circumstance, below-$100,000, mistake, and tax-objective routes; generally applies to trusts before/on/after July 1, 2005 (§ 1104) |
Settlor + all beneficiaries: court order mandatory; may override material purpose only if court also finds modification/termination in beneficiaries' best interests. Agent express authority; conservator/guardian supervising-court approval (§ 411(1)) |
All beneficiaries: termination only if continuance unnecessary to any material purpose; modification only if not inconsistent. Spendthrift expressly not presumed material (§ 411(2)–(3)) |
Court may approve despite missing beneficiary consent if all-consent route would work and interest is adequately protected. Conflict-limited powerholder, fiduciary, parent, identical-interest, and court-appointed representation apply (§§ 301 to 305; 411(5)) |
Interested persons may settle any trust matter if no material-purpose violation and only court-approvable terms; listed examples omit ordinary modification/termination but are not stated exclusive. Optional court review; no general protector route in surveyed sections (§ 111) |
Court may modify administrative/dispositive terms or terminate when unanticipated circumstances make relief further trust purposes; probable intention followed as practicable. Administrative terms may change if impracticable, wasteful, or administration-impairing (§ 412) |
After qualified-beneficiary notice, trustee may terminate below $100,000 if value cannot justify cost; no fixed objection period. Court may modify/terminate or replace trustee without fixed ceiling. Purpose-consistent distribution; conservation/preservation easements excluded (§ 414) |
Court may reform even unambiguous trust on clear-and-convincing proof that intent and terms were affected by fact/law mistake. Tax-objective modification must not oppose probable intention and may be retroactive (§§ 415 to 416) |
Trustee/beneficiary may commence §§ 411 to 416 proceeding; settlor may commence § 411. Probate and Superior Courts have concurrent jurisdiction. Consent termination follows beneficiary agreement; changed/uneconomic follows purposes. Court power cannot be waived (§§ 105, 203, 410) |
| Maryland verified 2026-08-11 | Maryland Trust Act §§ 14.5-111, 14.5-410–14.5-414: NJSA, trustee-plus-beneficiary consent, changed circumstances, small-trust termination, mistake, and tax routes |
No settlor override. Trustee + all beneficiaries + court; termination needs no remaining material purpose, modification must not conflict with one (§ 14.5-410(a)) |
Beneficiaries cannot use § 14.5-410 without trustee consent. Court applies distinct termination/modification material-purpose tests; spendthrift does not block termination (§ 14.5-410(a)–(c)) |
Court may approve despite missing beneficiary consent if unanimous route would work and nonconsenter is adequately protected; conflict-free fiduciary, family, identical-interest, and appointed representation apply (§§ 14.5-301, -303–305, -410(d)) |
NJSA requires interested persons, material-purpose consistency, and court-approvable terms; listed subjects do not expressly include modification/termination. No separate protector route in cited provisions (§ 14.5-111) |
Court may change administrative/dispositive terms or terminate when unanticipated circumstances further purposes; may change administration if existing terms are impracticable, wasteful, or impairing (§ 14.5-411) |
Trustee may terminate fair market value ≤$100,000 after personal/certified notice and no timely objection; detailed distribution, spendthrift, best-interest, prohibition, and tax-trust limits apply (§ 14.5-412) |
Unambiguous terms may be reformed on clear and convincing mistake proof; probable-intent tax-objective modification may be retroactive (§§ 14.5-413–414) |
Court required for §§ 14.5-410, -411, -413, -414; NJSA review optional. Small-trust route uses 9-part notice, ≥90-day effective date, 60-day certified objection, and statutory distribution fallback (§ 14.5-412) |
| Massachusetts verified 2026-08-11 | M.G.L. c. 203E, §§ 105, 111, 301–305, 410–412, 414–415; court-supervised consent, changed-circumstance, administration, mistake, bounded nonjudicial, and uneconomic routes; § 416 reserved |
Upon petition, court may approve if settlor + all beneficiaries consent, even against a material purpose (§ 411(a)); authorized representation may supply consent for an incapacitated settlor, but settlor cannot represent a beneficiary (§§ 301, 303) |
Court may terminate with all beneficiaries' consent only if continuance is unnecessary to any material purpose; may modify only if not inconsistent with a material purpose (§ 411(b)) |
Court may approve with missing beneficiary consent if the all-consent route would work and nonconsenting interests are adequately protected. Conflict-free fiduciary, agent, parent, identical-interest, or GAL representation may bind (§§ 301–305, 411(c)) |
Interested persons may make a binding NJSA on any trust matter only if it does not violate a material purpose and uses court-approvable terms; optional court review (§ 111). Section 414 separately gives a trustee the under-$200,000 termination route |
Court may modify administrative/dispositive terms or terminate when unanticipated circumstances make relief further trust purposes; modification follows probable intent where practicable. Administrative terms may change if existing terms are impracticable, wasteful, or impair administration (§ 412) |
After notice to qualified beneficiaries, trustee may terminate if value is less than $200,000 and costs are unjustified. Court cost-benefit modification, termination, or trustee replacement has no fixed ceiling; spendthrift does not bar; distribute consistently with purposes (§ 414) |
Court may reform even unambiguous terms for fact/law mistake on clear-and-convincing proof that settlor intent or trust terms were affected (§ 415). Section 416 is reserved; no general codified tax-objective/retroactivity route |
Trustee or beneficiary may commence §§ 411–416 modification/termination proceeding; settlor may commence § 411. Probate and Family Court petition + notice to interested parties; decrees bind only noticed persons. § 414 notice is to qualified beneficiaries and distribution follows trust purposes (§§ 109, 201, 410, 414) |
| Michigan verified 2026-08-11 | MCL 700.7111, 700.7301–.7305, 700.7410–.7416, and 700.1210; post-2010 trustee/QTB consent, instrument powerholder, representation, changed-circumstance, indexed uneconomic, mistake, and tax routes |
No general settlor-plus-beneficiary route. § 700.7411 uses trustee + qualified trust beneficiaries + court, QTBs + instrument approval holder, or instrument-granted direct power; settlor receives notice but supplies no required consent |
No QTB-only route. Court route requires trustee + all QTBs and either consistency with material purposes or that continuation is unnecessary for any material purpose. Instrument approval-holder route also requires all QTBs (§ 700.7411(1)) |
Court may excuse trustee refusal or missing QTB consent if unanimous relief would work and nonconsenting QTB interests are adequately protected. Part 3 representation has authority, conflict, objection, general-power, and GAL limits (§§ 700.7301–.7305, 700.7411(5)) |
Trust terms may give a person/committee approval power used with all QTBs, or direct modification/termination power to trustee/other person/committee. § 700.7111 NJSA expressly cannot modify or terminate (§§ 700.7111, 700.7411(1)(b)–(c)) |
Court may modify administration for impracticable, wasteful, or impaired administration; may modify administrative/dispositive terms or terminate when unanticipated circumstances further stated purpose or, if unstated, probable intent (§ 700.7412) |
2026 indexed trustee ceiling is less than $100,000; act only after 63 days following QTB notice and cost finding. Court has no fixed threshold. Distribution follows terms, otherwise current income beneficiaries or court direction; conservation/preservation easements excluded (§§ 700.1210, 700.7414) |
Court may reform even unambiguous terms on clear-and-convincing proof that both settlor intent and terms were affected by fact/law mistake. Tax-objective modification must not contradict probable intent and may be retroactive (§§ 700.7415–.7416) |
Trustee or beneficiary may petition §§ 7411–7416. Proceeding notice goes to settlor/representative, director, powerholder, trustee, and named recipients. No route-specific spendthrift override; distribution varies by §§ 7411, 7412, and 7414 (§§ 700.7410–.7414) |
| Minnesota verified 2026-08-11 | Minn. Stat. ch. 501C, especially §§ 501C.0111, .0410–.0416, .0808; consent, court, NJSA, changed-circumstance, $150,000 uneconomic, mistake, tax, directing-party, and protector routes; older-trust rule in § 501C.1304 |
Settlor + all beneficiaries may modify or terminate despite material purpose; § 501C.0411(a) states no court condition. Agent authority comes first from trust terms; if silent, express non-short-form POA; conservator/fallback guardian needs supervising-court approval |
All beneficiaries + court conclusion: terminate if continuance is unnecessary to any material purpose; modify if not inconsistent with a material purpose. Spendthrift does not preclude court relief (§ 501C.0411(b)–(c)) |
Court may approve without every beneficiary if full consent would have permitted the change and the nonconsenting interest is adequately protected. Representation is conflict-limited; court represents or appoints a representative where required (§§ 501C.0411(e), .0301–.0305) |
NJSA requires interested persons, must not violate material purpose, and may contain only court-approvable terms; approval optional. Terms may authorize distribution advisor to terminate and protector to modify stated interests/terms (§§ 501C.0111, .0808) |
Court may change administrative/dispositive terms or terminate when unanticipated circumstances make relief further trust purposes; may change administrative terms if existing terms are impracticable, wasteful, or impair administration (§ 501C.0412) |
After notice to qualified beneficiaries, trustee may terminate below $150,000 if costs are unjustified. Court may act without fixed ceiling; trustee route distributes by trust purposes; conservation/preservation easements excluded (§ 501C.0414) |
Court may reform even unambiguous terms on clear-and-convincing proof of settlor intent and fact/law mistake. Court may modify—not terminate—for tax objectives consistently with probable intention, with possible retroactivity (§§ 501C.0415–.0416) |
Trustee/beneficiary may commence §§ .0411–.0416 proceeding; settlor may commence § .0411 proceeding. Judicial petitions use § 501C.0203 hearing/notice; trustee small-trust route uses nonjudicial notice. Consent termination follows beneficiary agreement; changed-circumstance distribution follows court order |
| Mississippi verified 2026-08-11 | Miss. Code §§ 91-8-111, -301 to -305, -410 to -412, -414 to -416, and -1201 to -1202; living-settlor trustee route, post-death court route, NJSA, changed-circumstance, uneconomic, mistake, tax, and terms-granted protector/advisor powers |
During settlor's lifetime, trustee + all qualified beneficiaries may modify/terminate despite material purpose if settlor does not object after statutory 60-day notice; court approval optional (§ 91-8-411(a), (f)) |
After settlor's death, all qualified beneficiaries + court: terminate if continuation is unnecessary to any material purpose; modify if not inconsistent with a material purpose (§ 91-8-411(b)) |
Court may approve despite missing qualified-beneficiary consent if full consent would have permitted relief and nonconsenting interests are adequately protected. Conflict-limited statutory and court-appointed representation applies (§§ 91-8-301 to -305) |
Trustee + qualified beneficiaries may enter NJSA limited by material purpose and court-approvable terms; review optional (§ 91-8-111). Trust terms may grant a protector/advisor broad modification, beneficiary-interest, appointment-power, or termination powers (§ 91-8-1201) |
Court may modify administrative/dispositive terms or terminate when unanticipated circumstances make relief further trust purposes; probable intention governs where practicable. Administrative terms may change if impracticable, wasteful, or impairing administration (§ 91-8-412) |
After notice to qualified beneficiaries, trustee may terminate only below $150,000 if cost is unjustified. Court route has no fixed ceiling; distribution accounts for income/remainder interests and approximates settlor intent; marital-deduction and easement rules apply (§ 91-8-414) |
Court may reform even unambiguous terms on clear-and-convincing proof of settlor intent and a fact/law mistake affecting the terms. Tax-objective modification cannot contradict probable intent and may be retroactive (§§ 91-8-415–.416) |
Trustee or beneficiary may commence proceedings under §§ 91-8-411, -412, and -414 to -416. Living-settlor route requires reasons, anticipated date, and a no-earlier-than-60-day objection deadline; post-death relief requires court findings; termination distribution depends on the route (§§ 91-8-410–.412, -414) |
| Missouri verified 2026-08-11 | Mo. Rev. Stat. §§ 456.1-111, 456.4-410–456.4-416, 456.8-808: consent, court, NJSA, protector, changed-circumstance, uneconomic, mistake, and tax routes |
Settlor + all beneficiaries may modify/terminate without court, even against material purpose; excludes listed court-created and federal special-needs trusts. Authorized agent or court-approved conservator may supply settlor consent (§ 456.4-411A(1)) |
All adult beneficiaries with capacity + court + protection of nonconsenting interests may change interests, payments, or termination time. Missing adult consent/term prohibition invokes living-settlor-benefit and material-purpose tests (§ 456.4-411B) |
§ 411A court may approve missing beneficiary consent if all-consent route would work and nonconsenter is adequately protected. § 411B requires protection and permits/mandates representative appointment; §§ 456.3-301–305 govern representation |
NJSA requires interested persons, material-purpose consistency, and court-approvable terms, and cannot substitute for § 411B(1) modification/termination. Instrument may expressly give protector power to amend, change beneficiary interests, or terminate (§§ 456.1-111, 456.8-808) |
Court may change dispositive terms or terminate when unanticipated circumstances further trust purposes, and may change management/administration whenever modification furthers purposes (§ 456.4-412) |
Trustee may terminate value under $250,000 after qualified-beneficiary notice when cost is unjustified; court cost-benefit modification/termination or trustee replacement has no stated ceiling; conservation easements excluded (§ 456.4-414) |
Court may reform even unambiguous terms on clear and convincing proof that fact/law mistake affected intent and terms; separate probable-intent tax-objective order may be retroactive (§§ 456.4-415–416) |
Trustee/beneficiary may start proceedings under §§ 456.4-411A, 456.4-411B, 456.4-412, 456.4-414, 456.4-415, and 456.4-416; settlor may start § 456.4-411A. Court optional for full § 411A consent, mandatory for court routes. Route-specific protection, notice, proof, and distribution; no single express spendthrift override (§ 456.4-410) |
| Montana verified 2026-08-11 | Mont. Code Ann. §§ 72-38-105, 72-38-111, and 72-38-410 to 72-38-416, plus Title 72, ch. 40; consent, nonconsent, nonjudicial settlement, directed-trust, changed-circumstance, uneconomic, mistake, and tax-objective routes |
Settlor + all beneficiaries may modify or terminate despite a material noncharitable purpose (§ 72-38-411(1)); agent authority must be express in both POA and trust, with court-approved conservator/guardian fallbacks. Unavailable for trusts irrevocable before October 1, 1989 |
All beneficiaries may terminate only if court finds continuation unnecessary to any material purpose, or modify only if court finds no inconsistency with a material purpose. Spendthrift is not presumed material (§ 72-38-411(2)-(3)) |
Court may approve without every beneficiary if unanimous consent would have supported relief and each nonconsenting interest is adequately protected. Conflict-free fiduciary, parent, substantially-identical-interest, and court-appointed representation may bind others (§§ 72-38-301, -303 to -305) |
Interested persons may settle any trust matter nonjudicially only within material purpose and court-approvable-terms limits; court review is optional (§ 72-38-111). A trust director has only powers granted by the trust terms, plus appropriate further powers (§§ 72-40-102, -110) |
Court may modify administrative/dispositive terms or terminate for unanticipated circumstances when relief furthers trust purposes and tracks probable intention as practicable; administrative terms may change if impracticable, wasteful, or impairing administration (§ 72-38-412) |
After notice to qualified beneficiaries, trustee may terminate only when value is less than $100,000 and costs are unjustified. Court may modify, terminate, or replace trustee under the same cost-benefit test with no fixed ceiling; distribution follows trust purposes (§ 72-38-414) |
Court may reform even unambiguous terms on clear-and-convincing proof of settlor intent and a fact/law mistake in expression or inducement. Court may make probable-intent-consistent tax-objective modification retroactive (§§ 72-38-415 to -416) |
Trustee or beneficiary may commence §§ 72-38-411 to 72-38-416 proceedings; settlor may commence § 72-38-411. Route-specific consent/court findings apply; § 72-38-414 trustee termination requires qualified-beneficiary notice but states no fixed objection period. Spendthrift is not presumed material; consent termination distributes as beneficiaries agree, other termination follows trust purposes |
| Nebraska verified 2026-08-11 | Neb. Rev. Stat. §§ 30-3811, 30-3822 to -3826, and 30-3836 to -3842; court-supervised consent, broad NJSA, representation, changed-circumstance, uneconomic, mistake, and tax routes |
Upon petition, court shall approve settlor + all-beneficiary consent even against material purpose. Agent needs express authority; conservator or guardian needs supervising-court approval (§ 30-3837(a)) |
All beneficiaries + court: terminate if continuation is unnecessary to any material purpose; modify if not inconsistent. Spendthrift provision presumed a material purpose (§ 30-3837(b)–(c)) |
Court may approve with missing beneficiary consent if full consent would have permitted relief and nonconsenting interests are adequately protected. Conflict-limited powerholder, fiduciary, parent, identical-interest, and court-appointed representation applies |
Interested persons may settle any trust matter if terms respect material purpose and are court-approvable; spendthrift presumed material; court review optional (§ 30-3811). No separate protector route is needed to use the cited NJSA procedure |
Court may change administrative/dispositive terms or terminate when unanticipated circumstances make relief further trust purposes; probable intent governs where practicable. Administrative terms may change if impracticable, wasteful, or impairing administration (§ 30-3838) |
After notice to qualified beneficiaries, trustee may terminate only below $100,000 if cost is unjustified. Court route has no fixed ceiling; purpose-consistent distribution; conservation/preservation easements excluded (§ 30-3840) |
Court may reform even unambiguous terms on clear-and-convincing proof that settlor intent and terms were affected by fact/law mistake. Tax-objective modification cannot contradict probable intent and may be retroactive (§§ 30-3841–.3842) |
Trustee or beneficiary may commence §§ 30-3837 to -3842 proceedings; § 30-3836 does not separately list settlor standing for ordinary § 30-3837 relief. Trustee uneconomic route requires qualified-beneficiary notice; distributions follow beneficiary agreement or trust purposes |
| Nevada verified 2026-08-11 | NRS §§ 153.031, 163.185, 163.187, 163.5553, 164.005, 164.015, and 164.940–.942; broad court petition, indispensable-party settlement, instrument-authorized protector, and economical-administration routes—not UTC consent formulas |
No separate statutory settlor + all-beneficiaries modification formula. A settlor may be an interested person entitled to petition notice, but nonjudicial authority turns on all indispensable parties and §§ 164.940–.942 limits, not a categorical signer list |
No separate beneficiary-only consent section. Trustee or beneficiary may petition under § 153.031; all indispensable parties may settle without court, but the agreement is void insofar as it violates a material purpose or contains terms a court could not approve (§ 164.940) |
No UTC-style adequate-protection override. Conflict-free similar-interest, remainder, powerholder, parent, or guardian representation may bind specified persons; an unsigned indispensable party may accept through the § 164.942 notice-and-no-objection procedure |
All indispensable parties may add, delete, or modify terms or terminate by compliant nonjudicial settlement. Instrument-authorized protector may modify for tax/law changes, alter beneficiary interests or appointment powers, or terminate; powers are fiduciary by default (§§ 163.5553, 164.940–.942) |
No separate statutory unanticipated-circumstances formula in the tracked chapters. Trustee/beneficiary may seek court modification or termination under § 153.031; § 163.185 separately permits early termination when continued administration is no longer feasible or economical |
After beneficiary notice, a noninterested trustee may terminate if value is below $100,000 or the trust is uneconomical and value cannot justify cost. Court may modify, terminate, or replace trustee without a fixed ceiling; purpose-consistent distribution; conservation-easement trusts excluded (§ 163.187) |
No general statutory mistake-reformation or judicial tax-objective formula in the tracked ordinary-trust provisions. An instrument-authorized protector may modify for favorable tax status or law changes; § 153.031's express tax-conforming route is limited to the charitable estate-tax deduction |
Trustee or beneficiary may petition under § 153.031; an interested person may petition over nontestamentary internal affairs under § 164.015. Petition hearing notice goes to all interested persons; representation may bind specified interests. Nonjudicial approval is optional. Uneconomic termination distributes consistently with trust purposes |
| New Hampshire verified 2026-08-11 | RSA §§ 564-B:1-111, 4-410 to 4-416, 12-1201; beneficiary court consent, explicit NJSA, advisor/protector, changed-circumstance, below-$100,000, mistake, and tax routes; material-purpose ceiling broadly applies |
No ordinary settlor-plus-beneficiary override and settlor is not listed as ordinary petitioner. All-beneficiary court route only; §§ 564-B:4-410(d) and 564-B:4-411 prohibit material-purpose violation |
All beneficiaries: termination only if continuance unnecessary to any material purpose; modification only if not inconsistent. No spendthrift presumption stated. Court required (§ 564-B:4-411(a)) |
Court may approve despite missing beneficiary consent if all-consent route would work and interest is adequately protected. Conflict-limited powerholder, fiduciary, parent, instrument-appointed, identical-interest, and court-appointed representation apply (§§ 564-B:3-301 to -305; 4-411(c)) |
All interested persons, excluding settlor, may sign NJSA expressly modifying/terminating if no material-purpose violation and only court-approvable terms. Advisor/protector may act or petition within powers from trust, qualified-beneficiary agreement, or court order (§§ 564-B:1-111, 4-410(b), 12-1201) |
On trustee or nonsettlor interested-person petition, court may modify administrative/dispositive terms or terminate for unanticipated circumstances furthering purposes; administrative terms may change if impracticable, wasteful, or administration-impairing. Material purpose remains ceiling (§§ 564-B:4-410(d) and 564-B:4-412) |
Trustee may terminate below $100,000 after qualified-beneficiary notice if no beneficiary objects within 30 days and costs are unjustified. Court has no fixed ceiling. Purpose-consistent distribution; conservation/preservation easements and municipal funds excluded (§ 564-B:4-414) |
Clear-and-convincing proof that settlor intent and terms were affected by fact/law mistake; tax modification may be retroactive and must not oppose probable intention. Both remain subject to no-material-purpose-violation rule (§§ 564-B:4-410(d), 564-B:4-415, and 564-B:4-416) |
Probate division has exclusive ordinary jurisdiction. Petitioner: trustee, beneficiary, authorized advisor/protector, or charity director—not ordinary settlor. Consent termination follows beneficiary agreement; changed/uneconomic follows purposes. Court power cannot be waived (§§ 564-B:1-105, 2-203, 4-410) |
| New Jersey verified 2026-08-11 | N.J.S.A. §§ 3B:31-5, -9, -11, -13 to -17, -26 to -33, -70, -84; courtless and judicial consent, representation, NJSA, changed-circumstance, $100,000 uneconomic, mistake, construction, and tax routes |
No general settlor-plus-beneficiary route. § 3B:31-27 instead uses trustee + all beneficiaries without court, or all beneficiaries + court; settlor cannot represent a beneficiary for subsection (a) (§§ 3B:31-13(d), -27) |
All beneficiaries + court: termination requires continuation unnecessary for any material purpose; modification must not be inconsistent with a material purpose. Spendthrift is not presumed a material purpose (§ 3B:31-27(b)–(c)) |
Court may act despite missing beneficiary consent if the all-consent route would work and nonconsenting interests are adequately protected. Representation covers general testamentary powerholders, fiduciaries, parents, identical interests, and court appointees, subject to conflict and objection limits (§§ 3B:31-13 to -17, -27(e)) |
Trustee + all beneficiaries may modify/terminate without court if consistent with material purpose. Interested persons may make an NJSA only within material-purpose, court-approvable, and Title 3B limits; court review is optional (§§ 3B:31-11, -27(a)) |
Court may modify administrative/dispositive terms or terminate for unanticipated circumstances furthering trust purposes, following probable intent where practicable; administrative terms may change if impracticable, wasteful, or impairing administration (§ 3B:31-28) |
After qualified-beneficiary notice, trustee may terminate below $100,000 on cost finding; no stated wait or objection period. Court has no fixed ceiling and may modify, terminate, or replace trustee. Distribution must fit trust purposes; conservation/preservation easements excluded (§§ 3B:31-9, -30) |
Court may reform even unambiguous terms on clear-and-convincing proof of fact/law mistake to conform probable intent; may also construe unambiguous terms to probable intent. Tax-objective modification must not contradict probable intent and may be retroactive (§§ 3B:31-31 to -33) |
Trustee or beneficiary may commence §§ 27–33 proceeding. Judicial notice follows court rules; other statutory notice uses a reasonably suitable method. Distribution follows beneficiary agreement or trust purposes; general termination allows a reasonable reserve and optional 30-day proposal-objection process (§§ 3B:31-9, -26 to -30, -70) |
| New Mexico verified 2026-08-11 | NMSA 1978 §§ 46A-1-111, 46A-3-301 to -305, 46A-4-410 to -412, -414 to -416, and 46-14-2, -6, -8; UTC consent, NJSA, changed-circumstance, uneconomic, mistake, tax, representation, and directed-trust routes |
Settlor + all beneficiaries may modify/terminate despite material purpose; if petition proves consent, court shall approve. Agent needs express authority; conservator or guardian needs supervising-court approval (§ 46A-4-411(A)) |
All beneficiaries + court: terminate if continuation is unnecessary to any material purpose; modify if not inconsistent. Spendthrift term is presumed neither material nor immaterial (§ 46A-4-411(B)–(C)) |
Court may approve with missing beneficiary consent if full consent would have permitted relief and nonconsenting interests are adequately protected. Conflict-limited fiduciary, parent, identical-interest, and court-appointed representation applies (§§ 46A-3-301 to -305) |
Interested persons may settle any trust matter if terms respect material purpose and are court-approvable; review optional (§ 46A-1-111). Trust director has only a terms-granted direction and appropriate further powers (§§ 46-14-2, -6) |
Clear-and-convincing evidence must establish unanticipated circumstances and that court relief furthers trust purposes; probable intention governs where practicable. Administrative terms may change if impracticable, wasteful, or impairing administration (§ 46A-4-412) |
After notice to qualified beneficiaries, trustee may terminate only below $50,000 if cost is unjustified. Court route has no fixed ceiling; purpose-consistent distribution; conservation/preservation easements excluded (§ 46A-4-414) |
Court may reform even unambiguous terms on clear-and-convincing proof that settlor intent and terms were affected by fact/law mistake. Tax-objective modification cannot contradict probable intent and may be retroactive (§§ 46A-4-415–.416) |
Trustee or beneficiary may commence proceedings under §§ 46A-4-411, -412, and -414 to -416; settlor may commence § 411. Judicial notice follows civil rules; no fixed Trust Code hearing period. Distribution follows beneficiary agreement or trust purposes (§§ 46A-1-109, 46A-4-410 to -412, -414) |
| New York verified 2026-08-11 | N.Y. EPTL §§ 7-1.9, 7-1.17(b), 7-1.19; creator + all-beneficially-interested consent, instrument-authorized amendment/revocation, and court-only uneconomical-trust termination. Article 7 lists no general UTC-style routes |
Creator + every beneficially interested person: acknowledged/proved written consents, then creator's acknowledged/proved written amendment or revocation. Recorded trust requires same-office recording (§ 7-1.9) |
No general beneficiary-only consent/material-purpose section in EPTL Article 7. Beneficiary may apply only under the distinct uneconomical-trust statute, which requires court findings rather than beneficiary agreement alone (§ 7-1.19) |
§ 7-1.9 states no missing-consent or adequate-protection substitute. Post-1951 gift only to creator's heirs/next of kin/distributees class creates no beneficial interest for this consent count (§ 7-1.9(b)) |
§ 7-1.9 consent route acts by instruments, not mandatory court order. Trust-authorized amendment/revocation: written, executed by authorized person, default acknowledgment or two witnesses, reasonable notice to another trustee if applicable (§ 7-1.17(b)) |
No general unanticipated-circumstance or impracticable-administration modification section in EPTL Article 7. § 7-1.19 addresses economically impracticable continuation only and authorizes termination, not general modification |
Trustee or beneficiary applies to Surrogate's Court; no dollar threshold. Requires economically impracticable continuation, no instrument prohibition, preserved specified purpose, beneficiary best interests, and creator-intent distribution; court directs notice (§ 7-1.19) |
No general statutory mistake-reformation or tax-objective modification section in EPTL Article 7. Uneconomical route is unavailable if its application would reduce/eliminate stated federal, state, or DC charitable tax deduction (§ 7-1.19(c)) |
§ 7-1.9 requires acknowledged/proved writings and same-office recording if original recorded; no mandatory petition. § 7-1.19 requires court application, discretionary notice, specified findings, and court-set distribution effectuating creator intent; SNTs excluded |
| North Carolina verified 2026-08-11 | N.C.G.S. §§ 36C-1-105, -109, -111; 36C-3-301–305; 36C-4-410–412, -414–416, -418–419; courtless settlor consent, judicial beneficiary consent, representation, limited NJSA, changed-circumstance, uneconomic, mistake, and tax routes |
Settlor + all beneficiaries may compel modification/termination without court despite material purpose. Court only if GAL needed. Agent needs express authority in POA OR trust; general/estate guardian needs supervising-court approval (§ 36C-4-411(a)) |
All beneficiaries + court: termination if continuation unnecessary for any material purpose; modification only if consistent with a material purpose. Court may override purpose if reason substantially outweighs purpose interest (§ 36C-4-411(b)–(c)) |
Court may act despite missing consent if all-consent route would work and nonconsenter is adequately protected. Article 3 representation has authority/conflict limits, objection right, and GAL route; settlor cannot represent beneficiary (§§ 36C-3-301–305; 36C-4-411(d)) |
§ 36C-4-411(a) is the courtless substantive route. § 36C-1-111 NJSA covers only five listed administrative matters—not modification/termination—and requires interested persons, material-purpose consistency, and court-approvable terms; review optional |
Court may modify administrative/dispositive terms or terminate for unanticipated circumstances when relief furthers purposes; administrative-only modification also allowed for impracticable, wasteful, or impaired administration (§ 36C-4-412) |
Trustee may terminate property worth less than $50,000 after qualified-beneficiary notice and cost finding; no stated minimum period or veto. Instrument may opt out by specific cite. Court has no threshold; conservation/preservation easements excluded (§ 36C-4-414) |
Mistake reformation requires ambiguous terms plus clear-and-convincing proof of intent and fact/law mistake; unambiguous terms do not qualify. Tax-objective modification must not contradict probable intent and may be retroactive (§§ 36C-4-415–416) |
Under § 36C-4-410(b), trustee/beneficiary may petition the listed routes; settlor may petition § 36C-4-411; trustee is necessary party. Judicial notice follows Article 2. Inalienability is considered but not sole bar. Distribution follows agreement, order, or purposes (§§ 36C-4-418–419) |
| North Dakota verified 2026-08-11 | N.D.C.C. §§ 59-09-05, -11; ch. 59-11; §§ 59-12-10 to -16; court consent/nonconsent, NJSA, changed-circumstance, under-$100,000, mistake, and tax routes. Trust terms cannot displace the listed court powers |
No ordinary statutory settlor-plus-beneficiary override in current §§ 59-12-10 to -16. Settlor is not an ordinary noncharitable petitioner under § 59-12-10(2); § 59-12-11 uses beneficiary consent plus court findings |
All beneficiaries may terminate only if court finds continuation unnecessary to any material purpose, or modify only if court finds no inconsistency with a material purpose; modified trust remains irrevocable (§ 59-12-11(1)) |
Court may approve without every beneficiary if unanimous consent would have supported relief and each nonconsenting interest is adequately protected. Conflict-free fiduciary/parent, substantially-identical-interest, and court-appointed representation may bind others (ch. 59-11) |
Trustee + court-settlement consent persons may make a binding NJSA only within material purpose and court-approvable-terms limits; court review optional. Spendthrift is presumed material (§ 59-09-11). No separate statutory protector modification route located |
Trustee, attorney general, or interested party other than settlor may petition; court may modify administrative/dispositive terms or terminate when unanticipated circumstances further purposes, following probable intention as practicable; administrative terms may change if impracticable, wasteful, or impairing (§ 59-12-12) |
After qualified-beneficiary notice, trustee may terminate only if total value is less than $100,000 and costs are unjustified. Court may modify, terminate, or replace trustee under same cost test with no fixed ceiling; distribute consistent with purposes; conservation/preservation easements excluded (§ 59-12-14) |
Court may reform even unambiguous terms on clear-and-convincing proof of settlor intent and fact/law mistake affecting the terms, whether expression or inducement. Tax-objective modification must not contradict probable intention and may be retroactive (§§ 59-12-15 to -16) |
Trustee or beneficiary may commence ordinary §§ 59-12-11 to -16 proceedings; court approval required for beneficiary-consent § 59-12-11. Trustee § 59-12-14 termination requires qualified-beneficiary notice but no fixed objection period. Spendthrift presumption applies to NJSA; distribution follows beneficiaries' agreement or trust purposes |
| Ohio verified 2026-08-11 | Ohio Rev. Code §§ 5801.10, 5803.03–.04, 5804.10–.12, .14–.16; judicial consent, private settlement, representation, changed-circumstance, uneconomic, mistake, and tax routes |
Settlor + all beneficiaries petition; court shall approve even if inconsistent with material purpose after finding valid consents and competence. Agent needs express authority in both POA and trust; guardians need supervising-court approval (§ 5804.11(A)) |
All beneficiaries + court: termination only if continuation unnecessary for any material purpose; modification only if not inconsistent and cannot remove/replace current trustee. Spendthrift may, but is not presumed to, be material (§ 5804.11(B)) |
Court may act despite missing consent if all-consent relief would work and nonconsenting interest is adequately protected. Fiduciary, parent, and substantially identical-interest representation requires no conflict (§§ 5803.03–.04; § 5804.11(D)) |
Any 2+ listed parties or representatives may sign private settlement; modification must not conflict with material purpose, early termination is barred, and only parties/represented persons are bound. Court approval optional (§ 5801.10) |
Court may modify administrative/dispositive terms or terminate for unanticipated circumstances when relief furthers purposes; administrative change also allowed when existing terms are impracticable or impair administration (§ 5804.12(A)–(C)) |
Inter vivos trust worth less than one hundred thousand dollars: trustee may terminate after qualified-beneficiary notice; court may modify, terminate, or replace trustee only below same threshold. Instrument-first distribution; spendthrift no bar (§ 5804.14) |
Court may reform unambiguous terms on clear-and-convincing proof that settlor intent and terms were affected by fact/law mistake. General tax-objective route may be retroactive; separate tax-reference construction route also exists (§§ 5804.12(D), .15–.16) |
Trustee/beneficiary may commence §§ 5804.11–.16 proceeding; settlor may commence § 5804.11. Consent routes require court order; private-settlement review optional. Distribution follows route-specific agreement, purpose, or instrument/beneficial-interest rules (§§ 5801.10, 5804.10–.14) |
| Oklahoma verified 2026-08-11 | 60 O.S. §§ 1402, 1601.5–.7, 1604.9–.15, 1610.3; UTC consent, changed-circumstance, uneconomic, mistake, tax-objective routes plus compatible Trust Reform Act settlement and equity |
Petition + court finding + settlor + all beneficiaries; may override material purpose. Expressly authorized agent may consent; property guardian or fallback personal guardian needs supervising-court approval. Route excludes trusts irrevocable before 2025-11-01 (§ 1604.10(A)) |
Court + all beneficiaries. Termination: continuance unnecessary for any material purpose. Modification: not inconsistent with material purpose. Spendthrift is not presumed material (§ 1604.10(B)–(C)) |
Court may act despite missing consent if all-consent route would work and nonconsenting interest is adequately protected. Conflict-limited fiduciary, parent, identical-interest, and court-appointed representation applies (§§ 1603.1, .3–.5, 1604.10(E)) |
Trustee + qualified beneficiaries may enter § 1402 agreement for any trust matter within material-purpose/court-approvable limits; court review optional. Agreement may establish protector/advisor powers and duties. Future 2026 act changes participant/representation rules |
Court may modify administrative/dispositive terms or terminate for unanticipated circumstances when change furthers trust purposes; administrative terms may change if existing terms are impracticable, wasteful, or impair administration (§ 1604.11) |
After qualified-beneficiary notice, trustee may terminate only if total value is under $50,000 and costs are unjustified. Court may modify, terminate, or replace trustee on cost-benefit finding without fixed ceiling; conservation/preservation easements excluded (§ 1604.13) |
Court may reform even unambiguous terms on clear-and-convincing proof of settlor intent and fact/law mistake affecting terms. Probable-intent-consistent tax-objective modification may be retroactive (§§ 1604.14–.15) |
Trustee or beneficiary may commence §§ 1604.10–.15 proceedings; settlor may commence § 1604.10. Judicial notice follows civil-procedure rules. Consent distribution follows beneficiary agreement; other routes follow trust purposes; optional distribution proposal has 30-day objection rule |
| Oregon verified 2026-08-11 | ORS 130.020, .025, .030, .045, .195–.225, .910; mandatory court powers, consent, nonjudicial settlement, changed-circumstance, trustee, uneconomic, mistake, tax-objective, and supplemental equitable routes |
Court approval + settlor + all beneficiaries except remote-interest beneficiaries; may override material purpose. Expressly authorized agent may consent; conservator or fallback guardian needs supervising-court approval (§ 130.200(1)) |
Court + all beneficiaries except remote-interest beneficiaries. Termination: continuance unnecessary for any material purpose. Modification: not inconsistent with material purpose. Spendthrift is rebuttably presumed material (§ 130.200(2)–(3)) |
Court may act despite missing nonremote-beneficiary consent if the all-consent route would work and the nonconsenting interest is adequately protected. Conflict-limited statutory representation and special representative available (§§ 130.100–.120, .200(5)) |
All interested persons—living settlor, all qualified beneficiaries, acting trustees—may make binding § 130.045 agreement within material-purpose/court-approvable limits. Trustee may terminate under § 130.205(3) only with all qualified-beneficiary consent and stated safeguards |
Court may modify administrative/dispositive terms or terminate for unanticipated circumstances if change furthers trust purposes; administrative terms may change if existing terms are impracticable, wasteful, or impair administration (§ 130.205(1)–(2)) |
No fixed dollar ceiling. After qualified-beneficiary notice, nonbeneficiary/no-support-duty trustee may terminate if value cannot justify cost. Court may modify, terminate, or replace trustee on same cost-benefit finding; conservation/preservation easements excluded (§ 130.215) |
Court may reform even unambiguous terms on clear-and-convincing proof that fact/law mistake affected settlor intent and terms. Court may make probable-intent-consistent tax-objective modification retroactive (§§ 130.220–.225) |
Trustee or beneficiary may commence listed proceedings; settlor may commence § 130.200 proceeding. Judicial notice goes to trustee and all affected persons under § 130.035(4)–(5). Distribution follows beneficiary agreement or trust-purpose standard, depending on route |
| Pennsylvania verified 2026-08-11 | 20 Pa.C.S. §§ 7710.1, 7722–7726, 7740–7740.6; settlor/beneficiary and beneficiary-only consent, nonconsent, NJSA, changed-circumstance, uneconomic, mistake, and tax routes |
Settlor + all beneficiaries may modify/terminate despite material purpose (§ 7740.1(a)). Guardian or authorized general/specific agent may supply settlor consent; settlor cannot represent beneficiary. Court proceeding may approve/disapprove (§ 7740) |
All beneficiaries + court: modification must not conflict with material purpose; termination requires continuation unnecessary for any material purpose. Spendthrift presumed material purpose (§ 7740.1(b)–(b.1)) |
Court may approve missing consent only if all-consent route would work and nonconsenting interest is adequately protected. Representation binds under §§ 7722–7723 subject to conflict/authority; court may appoint ad litem if inadequate; sui juris objection controls (§§ 7724–7726) |
All beneficiaries, trustees, and other persons interested in matter may sign binding NJSA; must fit material purpose and court-approvable terms. Modification/termination expressly allowed; court review optional (§ 7710.1) |
Court may modify dispositive/administrative terms, allow principal, or terminate when apparently unanticipated circumstances make relief further purposes; may modify administration if existing terms are impracticable, wasteful, or impair administration (§ 7740.2) |
No dollar threshold. Trustee may terminate if value insufficient for costs after 60-day written notice to qualified beneficiaries and no timely written objection. Court may modify/terminate or replace trustee on same cost-value finding; distribute consistently with purposes (§ 7740.4) |
Court may reform even unambiguous trust for fact/law mistake in expression/inducement with clear-and-convincing proof that intent and terms were affected; retroactivity allowed. Tax modification must not contradict probable intent; retroactivity allowed (§§ 7740.5–.6) |
Settlor, trustee, or beneficiary may seek approval/disapproval. Judicial notice follows court rules; NJSA representation uses notice/certification and 30-day decline rules. Spendthrift presumed purpose. Distribution follows beneficiary agreement or trust purposes (§ 7709; §§ 7722–7726; §§ 7740.1, 7740.2, 7740.4) |
| Rhode Island verified 2026-08-11 | Current Title 18 has no general Uniform Trust Code modification chapter. R.I. Gen. Laws § 18-4-24 supplies a small-trust termination route; § 8-2-13 supplies general Superior Court equity jurisdiction without codifying a modification test |
No general statutory settlor-plus-beneficiary consent route in current Title 18. Under § 18-4-24, a qualifying corporate trustee acts in its discretion, with any cotrustee's approval; interested persons receive notice and objection/petition rights rather than a consent veto |
No general statutory beneficiary-only modification or termination route or material-purpose test. A spendthrift or similar protective term does not bar § 18-4-24 small-trust termination |
Corporate trustee may proceed despite an objection after reformulation/further certified-mail notice, subject to a 3-month Superior Court petition window. Conflict-free substantially-identical-interest representation may bind specified persons in Probate or Superior Court (§ 18-4-30) |
Qualifying corporate trustee may use § 18-4-24 without prior court approval for principal under $200,000, even after objection if the further-notice process is completed. Current Title 18 states no general nonjudicial settlement or protector modification route |
No general statutory changed-circumstance or impracticable-administration modification test in current Title 18. Section 8-2-13 gives Superior Court general equity jurisdiction but states no substantive trust-change standard |
Principal must be less than $200,000. Corporate trustee may terminate in whole/part with cotrustee approval; individual trustee requires Superior Court approval. Certified-mail notice, 30-day objection cycles, and a 3-month distribution hold/petition window apply (§ 18-4-24) |
No general statutory mistake-reformation or tax-objective modification route appears in current Title 18; § 8-2-13's general equity-jurisdiction text supplies no proof burden, probable-intent test, or retroactivity rule |
Corporate route: certified-mail notice to defined interested persons with assets, plan, and rights; 30 days to object, further notice after objection, and no distribution until the 3-month petition period ends. Individual trustee petitions Superior Court. Spendthrift does not bar termination; distribution follows § 18-4-24(b) |
| South Carolina verified 2026-08-11 | S.C. Code §§ 62-7-105, -1106; court powers under §§ 62-7-410 to -416 are mandatory and broadly apply to existing trusts, subject to accrued-right and pre-effective-act protections |
Court approval required; settlor + all beneficiaries may override material purpose. Agent needs express authority in POA or trust; conservator or fallback guardian needs supervising-court approval (§ 62-7-411(a)) |
All beneficiaries + court: terminate if continuance is unnecessary to any material purpose; modify if not inconsistent with a material purpose. Section 62-7-411 states no separate spendthrift presumption |
Court may approve without every beneficiary if full consent would have permitted relief and the nonconsenting interest is adequately protected. Representation is conflict-limited; court may appoint guardian ad litem (§§ 62-7-301 to -305, -411(d)) |
NJSA covers only five listed administrative matters (§ 62-7-111). Trust terms may grant modification/termination direction (§ 62-7-808(c)); governing instrument may grant broad protector powers, including termination (§ 62-7-818) |
Court may change administrative/dispositive terms or terminate when unanticipated circumstances make relief further trust purposes; may change administrative terms if existing terms are impracticable, wasteful, or impair administration (§ 62-7-412) |
After notice, trustee may terminate without court below one hundred thousand dollars if costs are unjustified. Court may modify/terminate without fixed ceiling; purpose-consistent fallback distribution; conservation/preservation easements excluded (§ 62-7-414) |
Court may reform even unambiguous terms on clear-and-convincing proof of settlor intent and fact/law mistake. Court may modify for tax objectives consistently with probable intention, with possible retroactivity (§§ 62-7-415 to -416) |
Trustee or beneficiary may commence proceedings under §§ 62-7-411 to 62-7-416; settlor may commence a § 62-7-411 matter (§ 62-7-410(b)). Consent petitions are not formal proceedings; hearing notice generally 20 days with proof filed by hearing (§§ 62-7-109(d)–(f), -201(a)); distribution depends on route |
| South Dakota verified 2026-08-11 | S.D. Codified Laws §§ 55-3-24 to -30 plus chs. 55-1B and 55-18; consent/nonconsent, protector, unanticipated-circumstance, under-$150,000, cost, mistake, tax-objective, and representation routes; statutory methods are nonexclusive (§ 55-3-30) |
Trustor + all beneficiaries may modify or terminate by written consent regardless of material purpose. Court affirmation is optional. Thirty-day advance written notice and a copy go to all serving fiduciaries unless waived (§§ 55-3-24 to -25) |
All beneficiaries may modify or terminate judicially or by written consent only if continuation on existing terms is unnecessary to carry out a material purpose. Nonjudicial agreement needs no court affirmation (§ 55-3-24) |
With other beneficiaries' consent and trustor consent if required, court may approve a modification or partial termination if nonconsenting rights/interests are not significantly impaired or adversely affected (§ 55-3-25). Chapter 55-18 supplies conflict-limited representation and court representatives |
Section 55-3-24 written-consent agreement needs no court affirmation. A trust protector has only governing-instrument-granted powers, which may include amendment, termination, tax/law changes, beneficiary-interest changes, and administrative changes (§ 55-1B-6) |
Trustee or beneficiary may petition to modify administrative/dispositive terms or terminate when unanticipated circumstances make relief substantially further the trustor's purposes; distribution follows probable intention. No separate statutory impracticable/wasteful list (§ 55-3-26) |
Unless terms provide otherwise, trustee may terminate a noncharitable trust worth less than $150,000. Court may modify, terminate, or appoint a new trustee when value is insufficient for costs, with no fixed court ceiling. Spendthrift does not bar relief; purpose trusts excluded (§ 55-3-27) |
Trustee or beneficiary may petition; preponderance proof, no preliminary ambiguity, mistake of fact/law or scrivener error, and established intent. Court may construe/modify without violating probable intention to achieve tax objectives; no express retroactivity rule (§ 55-3-28) |
Consent route: written agreement, 30-day advance notice/copy to serving fiduciaries, optional court affirmation. Spendthrift does not bar § 55-3-27 but court considers a new trustee. Termination distribution follows probable intention or route-specific agreement/order; beneficiaries cannot assert laches or limitations defenses (§§ 55-3-24 to -29.2) |
| Tennessee verified 2026-08-11 | Tenn. Code Ann. §§ 35-15-105, -111, -410, -411, -412, -414, -415, -416, -1201; lifetime and post-death agreement, court, protector, changed-circumstance, uneconomic, mistake, and tax-objective routes |
During settlor's life: trustee + all qualified beneficiaries may modify/terminate, even against material purpose, after detailed ≥60-day settlor notice if settlor does not object; court approval optional (§ 35-15-411(a), (i)) |
After settlor's death: all qualified beneficiaries may terminate only with court finding that continuance is unnecessary to any material purpose. Modification may be court-approved on not-inconsistent test, or nonjudicial with unanimous trustee + all qualified beneficiaries if it does not violate material purpose (§ 35-15-411(b)–(c)) |
Part 3 representation can bind a beneficiary; if qualified-beneficiary consent is missing, court may approve only if all-consent route would work and nonconsenting interest is adequately protected (§§ 35-15-301, -411(e), (g)) |
Trustee + qualified beneficiaries may make material-purpose-consistent, court-approvable NJSA (§ 35-15-111). Trust terms, NJSA, or court order may grant protector/advisor powers to amend for tax/law changes, alter interests, or terminate notwithstanding § 35-15-410, § 35-15-411, § 35-15-412, and § 35-15-414 (§ 35-15-1201) |
Court may modify administrative/dispositive terms or terminate when unanticipated circumstances make relief further purposes; modification follows probable intent where practicable. Administrative terms may change if impracticable, wasteful, or impairing; termination distributes consistently with purposes (§ 35-15-412) |
After qualified-beneficiary notice, trustee may terminate if value < $250,000 OR published annual fee is ≥5% of principal value, plus cost finding. Court cost-benefit route has no ceiling. Distribution balances income/remainder interests toward settlor intent; marital-deduction trust only to spouse; conservation easements excluded (§ 35-15-414) |
Court may reform even unambiguous trust on clear-and-convincing proof that both settlor intent and terms were affected by fact/law mistake. Court may make probable-intent-consistent tax-objective modification retroactive (§§ 35-15-415–416) |
Trustee or beneficiary may commence a statutory modification/termination proceeding; trustee owes no duty to seek change. § 411 modification not barred by spendthrift/no-amendment term; representation binds; termination distribution varies by route. § 410(d) bars specified adverse tax results |
| Texas verified 2026-08-11 | Tex. Prop. Code §§ 111.0035, 112.054, 112.059, 115.001, 115.011, 115.013–.014, 115.016; court modification/reformation/termination plus trustee uneconomic-termination route |
No general statutory settlor-plus-beneficiary consent route in § 112.054. Specific petitioners are trustee or beneficiary; settlor consent is not the trigger. All-beneficiary consent is required only for § 112.054(a)(5) material-purpose relief |
Trustee or beneficiary may petition. Relief because continuation is unnecessary for any material purpose, or order is not inconsistent with one, requires all beneficiaries to consent or be deemed to consent (§ 112.054(a)(5), (d)) |
Other § 112.054 grounds state no beneficiary-consent condition. For (a)(5), minor/incapacitated/unborn/unascertained beneficiary may be deemed consenting through § 115.013(c) representation or guardian ad litem; conflict and adequate-representation limits apply |
No general ordinary nonjudicial-settlement or protector route in cited chapters. Trustee may terminate a qualifying under-$50,000 trust after statutory notice (§ 112.059). Trust terms cannot limit court power under § 112.054 (§ 111.0035(b)(5)(A)) |
Court may act for fulfilled/illegal/impossible purposes, unknown or unanticipated circumstances when order furthers purposes, or administrative nondispositive change needed to prevent waste or impaired administration (§ 112.054(a)(1)–(3)) |
After notice to current/hypothetical distributees, trustee may terminate trust valued under $50,000 if purpose, assets, value, and cost justify. Estate-inclusion power barred; conservation/preservation easements excluded; distribute consistently with purposes (§ 112.059) |
Court may reform unambiguous governing document for scrivener's error with clear-and-convincing settlor-intent proof; reformation dates to creation. Tax/governmental-benefit relief must not contradict settlor intentions; modification/termination order may be retroactive (§ 112.054) |
§ 112.054 petition: trustee or beneficiary; § 115.011 generally permits interested-person action and lists necessary parties. Notice follows law/rules under § 115.016. Court conforms nearly to probable intent; spendthrift is factor, not sole bar. § 112.059 property follows trust purposes |
| Utah verified 2026-08-11 | Utah Code §§ 75B-2-103, -105, -109–110, -301–305, -410–416, and -815; current Title 75B recodification effective May 7, 2025, with consent, nonjudicial settlement, changed-circumstance, uneconomic, mistake, tax-objective, representation, and distribution routes |
Settlor + all beneficiaries may modify or terminate directly, even inconsistently with material purpose; § 75B-2-411(1) states no court-order condition. Expressly authorized agent, or court-approved conservator/guardian in statutory order, may supply settlor consent |
All beneficiaries + court. Termination requires continuance unnecessary for any material purpose; modification must not be inconsistent with material purpose. Spendthrift is not presumed material (§ 75B-2-411(2)–(3)) |
Court may act despite missing beneficiary consent if the all-consent route would work and the nonconsenting interest is adequately protected. Conflict-limited power-holder, fiduciary, parent, identical-interest, and guardian-ad-litem/other representation applies (§§ 75B-2-301–305, -411(5)) |
Section 75B-2-110 permits interested persons to make a binding settlement for any trust matter within material-purpose and court-approvable limits; § 75B-2-103 recognizes terms amended by such an agreement. Separate direct settlor/all-beneficiary consent and under-$100,000 trustee termination are courtless routes |
Court may modify administrative or dispositive terms or terminate if unanticipated circumstances make the change further trust purposes; administrative terms may change if existing terms are impracticable, wasteful, or impair administration (§ 75B-2-412) |
After qualified-beneficiary notice, trustee may terminate a trust worth less than $100,000 if value cannot justify cost. Court may modify, terminate, or replace trustee on the same cost-benefit finding without a fixed threshold; conservation/preservation easements excluded (§ 75B-2-414) |
Court may reform even unambiguous terms on clear-and-convincing proof that both settlor intent and trust terms were affected by fact/law mistake. Court may modify to achieve tax objectives and grant retroactive effect; § 75B-2-416 states no probable-intent condition |
Trustee or qualified beneficiary may seek approval/disapproval; settlor may commence § 75B-2-411 proceeding. Judicial notice follows Utah civil rules. Termination distribution follows beneficiary agreement or trust purposes; general § 75B-2-815 permits a 30-day proposal-objection cutoff and reasonable reserve |
| Vermont verified 2026-08-11 | Vermont Trust Code, 14A V.S.A. §§ 111, 410–416, 808: NJSA, consent, changed circumstances, uneconomic trust, mistake, tax, and instrument-authorized directed-power routes |
Settlor + all beneficiaries may consent despite material purpose; on petition Probate Division must approve. Expressly authorized agent, then court-approved guardian of property or person, may supply settlor consent (§ 411(a)) |
All beneficiaries + Probate Division: termination only if no material purpose needs continuation; modification only if consistent with material purpose. Spendthrift is not presumed material (§ 411(b)–(c)) |
Probate Division may approve missing consent if the all-consent route would work and the nonconsenter is adequately protected; conflict-free fiduciary, parent, powerholder, identical-interest, and appointed representation apply (§§ 301–305, 411(e)) |
NJSA by interested persons must preserve material purpose and use court-approvable terms; review optional. Trust terms may grant trustee/other person power to direct modification or termination; nonbeneficiary holder is presumptively fiduciary (§§ 111, 808) |
Probate Division may change administrative/dispositive terms or terminate when unanticipated circumstances make relief further purposes; administrative terms may change if impracticable, wasteful, or impairing (§ 412) |
After notice, trustee may terminate without court when total value is less than $100,000 and costs are unjustified; court has no fixed ceiling and may modify, terminate, or replace trustee. Conservation/preservation easements excluded (§ 414) |
Unambiguous terms may be reformed on clear-and-convincing proof that fact/law mistake affected intent and terms; probable-intent tax modification may be retroactive (§§ 415–416) |
Trustee/beneficiary may seek approval for §§ 411–416; settlor only for § 411. Statutory notice uses receipt-likely methods; court notice follows rules. Consent termination follows beneficiary agreement; other routes follow court direction/purposes; optional distribution proposal has 30-day objection bar (§§ 109–110, 410–414, 817) |
| Virginia verified 2026-08-11 | Va. Code §§ 64.2-707, -709, -714, -715, -716, -717, -718, -728, -729, -730, -732, -733, -734, -779; judicial consent, representation, NJSA, changed-circumstance, $250,000 uneconomic, mistake, and tax routes |
Settlor + all beneficiaries + mandatory court order; court must approve even if inconsistent with material purpose. Agent needs express POA/trust authority; otherwise conservator or guardian needs supervising-court approval in statutory order (§ 64.2-729(A)) |
All beneficiaries + court: termination requires continuation unnecessary for any material purpose; modification must not be inconsistent with a material purpose. Statute states no special spendthrift presumption or override (§ 64.2-729(B)) |
Court may act despite missing beneficiary consent if the all-beneficiary route would work and nonconsenting interests are adequately protected. Representation covers powerholders, fiduciaries, parents/ancestors, identical interests, and appointees, with conflict/objection limits (§§ 64.2-714, -715, -716, -717, -718, -729(D)) |
Interested persons may sign binding NJSA only within material-purpose and court-approvable-term limits; court review is optional. NJSA supplies no independent power to evade § 64.2-729 consent requirements (§ 64.2-709) |
Court may modify administrative/dispositive terms or terminate for unanticipated circumstances furthering trust purposes, following probable intent where practicable; administrative terms may change if impracticable, wasteful, or impairing administration (§ 64.2-730) |
After § 64.2-707 notice, trustee may terminate without court below $250,000 on cost finding; no stated wait/objection period. Court has no fixed ceiling. Distribution follows purposes and may use § 64.2-779; trust pays expenses; conservation/preservation easements excluded (§ 64.2-732) |
Court may reform even unambiguous terms on clear-and-convincing proof that both settlor intent and terms were affected by fact/law mistake. Tax-objective modification must not contradict probable intent and may be retroactive (§§ 64.2-733–734) |
Trustee or beneficiary may commence proceeding under § 64.2-728 for §§ 64.2-729, -730, -732, -733, and -734. Judicial notice follows § 64.2-713; other notice uses § 64.2-707. Distribution is route-specific; § 64.2-779 allows reserve and optional 30-day proposal objection |
| Washington verified 2026-08-11 | Chs. 11.96A and 11.98 RCW; broad TEDRA court and all-party written-agreement routes, mistake reformation, limited federal-tax-qualification change, and post-termination distribution procedure. No standard UTC consent-and-material-purpose article |
No special settlor-plus-beneficiary route. A binding TEDRA agreement requires every statutory party; for an irrevocable trust that ordinarily includes each trustee, qualified beneficiary, other due-process beneficiary, and powerholder. Trustor not automatically listed (§§ 11.96A.030(5)(b), .220) |
Beneficiaries alone do not supply the TEDRA agreement when another statutory party exists. Any party may seek judicial relief, but the surveyed sections state no beneficiary-only material-purpose test for modification or termination (§§ 11.96A.020, .080, .220) |
Conflict-free virtual representation may bind stated persons; trustor cannot represent a beneficiary for irrevocable-trust modification/termination. Court may appoint GAL; special representative may sign, with optional court review of adequate representation/protection (§§ 11.96A.120, .160, .240, .250) |
All statutory parties may sign a written TEDRA agreement identifying the matter and parties; representative signature binds represented persons. Filing is optional; if filed, agreement is deemed approved and equivalent to final order (§§ 11.96A.210–.230) |
No separate codified UTC-style unanticipated-circumstance, material-purpose, impossibility, waste, or impracticability test for an ordinary noncharitable trust. TEDRA instead gives courts plenary trust-matter authority and any party a judicial route (§§ 11.96A.020, .040, .080) |
No fixed-value trustee-termination or dedicated small-trust section in current Chs. 11.96A or 11.98 RCW. Cost-based relief must use another valid TEDRA, judicial, instrument, or common-law basis; the surveyed statutes state no automatic threshold |
Even unambiguous terms may be reformed judicially for fact/law mistake on clear, cogent, convincing proof affecting intent and terms; binding nonjudicial reform preserved. Tax route is limited to IRS-law compliance for qualifications, deductions, elections, and other tax requirements (§§ 11.96A.030(2)(f), .125) |
Judicial route: any party; generally 20-day personal/mail/prior-consented electronic notice plus filed proof. Agreement requires all-party signatures; filing optional. No categorical spendthrift override stated. After termination, trustee may send distribution plan; informed beneficiary has 30 days to object (§§ 11.96A.080, .110, .220–.240; 11.98.145) |
| West Virginia verified 2026-08-11 | W. Va. Code §§ 44D-1-111, 44D-4-410 to -416; court consent, explicit NJSA, changed-circumstance, below-$200,000, mistake, and tax-objective routes; generally applies to earlier and later trusts (§ 44D-11-1105) |
On petition, court shall approve if grantor + all beneficiaries consent, even against material purpose. Agent needs express authority; conservator or guardian needs supervising-court approval in statutory order (§ 44D-4-411(a)) |
All beneficiaries: termination only if continuance unnecessary to any material purpose; modification only if not inconsistent with material purpose. Spendthrift term presumed material (§ 44D-4-411(b)–(c)) |
Court may approve despite missing beneficiary consent if all-consent route would work and nonconsenting interest is adequately protected. Conflict-limited powerholder, fiduciary, parent, identical-interest, and court-appointed representation apply (§§ 44D-3-301 to -305; 44D-4-411(e)) |
Interested persons may sign binding NJSA expressly modifying/terminating if no material-purpose violation and only court-approvable terms; optional court review. No separate ordinary trustee/protector modification power in surveyed sections (§ 44D-1-111) |
Court may modify administrative/dispositive terms or terminate when unanticipated circumstances make relief further trust purposes; modification follows probable intention as practicable. Administrative terms may change if impracticable, wasteful, or administration-impairing (§ 44D-4-412) |
After qualified-beneficiary notice, trustee may terminate below $200,000 without court if value cannot justify cost. Court may modify/terminate or replace trustee without fixed ceiling. Purpose-consistent distribution; conservation/preservation easements excluded (§ 44D-4-414) |
Court may reform even unambiguous trust upon preponderance proof that fact/law mistake affected both grantor intent and terms. Tax-objective modification must not oppose probable intention and may be retroactive (§§ 44D-4-415 to -416) |
Trustee or beneficiary may commence proceedings under §§ 44D-4-411 to -416; grantor may commence § 44D-4-411. Court has exclusive trust-administration jurisdiction. Consent termination distributes as beneficiaries agree; changed/uneconomic termination follows purposes. Court power cannot be waived by trust terms (§§ 44D-1-105, 44D-2-203, 44D-4-410) |
| Wisconsin verified 2026-08-11 | Wis. Stat. ch. 701, especially §§ 701.0111, 701.0410–.0416, 701.0818; consent, court, nonjudicial-agreement, changed-circumstance, uneconomic, mistake, tax, and granted protector routes |
Settlor + all beneficiaries may modify or terminate, with or without court approval, despite material purpose. Settlor representative needs specific authority in power of attorney, trust terms, or guardianship/conservatorship order (§ 701.0411(1)) |
All beneficiaries + court: terminate if continuance is unnecessary to any material purpose; modify if not inconsistent with a material purpose. Spendthrift is not presumed a material purpose (§ 701.0411(2)–(3)) |
Court may approve without every beneficiary if full consent would have permitted the change and each nonconsenting interest is adequately protected. Representation can bind subject to statutory objections/conflicts; court may appoint representative or guardian ad litem (§§ 701.0411(6), 701.0301–.0305) |
Interested persons may sign a binding nonjudicial settlement on modification/termination only on court-approvable terms; optional court review and 30-day fiduciary notice. Protector has only powers granted by instrument, court order, or agreement (§§ 701.0111, 701.0818) |
Court may change administrative/dispositive terms or terminate when unanticipated circumstances make relief further trust purposes; may change administrative terms if existing terms are impracticable, wasteful, or impair administration (§ 701.0412) |
After stated notice, trustee may terminate below the current CPI-adjusted figure calculated from a $100,000 statutory base every 5 years if costs are unjustified. Court may act above it; purpose-consistent distribution; conservation/preservation easements excluded (§ 701.0414) |
Court may reform even unambiguous terms on clear-and-convincing proof of settlor intent and fact/law mistake. Court may modify or terminate for tax objectives consistently with probable intent and make relief retroactive (§§ 701.0415–.0416) |
Standing and notice vary. § 701.0411 routes require 30 days' notice to living settlor, trustee, protectors, directing parties, and all beneficiaries; court routes generally notify those fiduciaries and qualified beneficiaries. Distribution follows beneficiary agreement or trust purposes |
| Wyoming verified 2026-08-11 | Wyoming Uniform Trust Code §§ 4-10-111, -411–-417, -808: NJSA, court consent, protector, changed-circumstance, sub-$150,000, mistake, tax, and directed-power routes |
Court may approve settlor + all qualified beneficiaries despite material purpose. Expressly authorized agent, or conservator/guardian, needs court approval and a no-conflict-with-purpose/intent finding (§ 4-10-412(a)) |
No beneficiary-only route. After settlor death, trustee + all qualified beneficiaries + court; termination needs no remaining material purpose, modification must be consistent. Spendthrift not presumed material (§ 4-10-412(c)–(d)) |
Court may approve despite missing qualified-beneficiary consent if the all-consent route would work and the nonconsenter is adequately protected; conflict-limited powerholder, fiduciary, parent, successor-interest, identical-interest, and appointed representation apply (§§ 4-10-301–305, -412(f)) |
NJSA signers are qualified beneficiary, living settlor, trustee, and protector; material-purpose/court-approvable limits apply. Protector may modify/terminate only if trust expressly grants that power; § 4-10-808 also recognizes instrument-granted directed power |
Court may change administrative/dispositive terms or terminate when unanticipated circumstances make relief further purposes; administrative terms may change if impracticable, wasteful, or impairing (§ 4-10-413) |
FMV less than $150,000: trustee makes purpose-matched plan, gives written notice to all qualified beneficiaries, and waits 30 days after receipt. Timely written objection stops distribution and permits court review; spendthrift does not block unless trust expressly bars termination (§ 4-10-415) |
Unambiguous terms may be reformed on clear-and-convincing proof that fact/law mistake affected intent and terms. Tax modification must match probable intent proved by preponderance and may be retroactive (§§ 4-10-416–417) |
Settlor, trustee, or beneficiary may start §§ -412–-417 proceeding. Judicial notice follows Wyoming civil rules; statutory notice must result in receipt. Consent distribution follows trust terms or beneficiary agreement; general proposal carries 30-day objection bar and reserve (§§ 4-10-109–110, -411–-417, -817) |
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