Irrevocable Trust - Alaska
IRREVOCABLE TRUST AGREEMENT
This Irrevocable Trust Agreement is signed on [__/__/____] by [SETTLOR FULL NAME], of [ADDRESS] (Settlor), and [INITIAL TRUSTEE FULL NAME], of [ADDRESS] (Trustee), for [LIFETIME BENEFICIARY FULL NAME] (Lifetime Beneficiary).
1. Present transfer and trust
Settlor now transfers to Trustee the property listed on Schedule A. Trustee accepts that property and shall hold it, together with later accepted additions, as the [TRUST NAME] under this agreement. Settlor reserves no unilateral right to revoke, amend, or withdraw property from this trust. Settlor is not a beneficiary. No later addition changes the interests specified here unless a lawful instrument expressly does so.
The principal place of administration is [ALASKA CITY AND ADDRESS]. Alaska law governs administration, subject to any mandatory law that applies to particular property.
2. Lifetime distributions
During Lifetime Beneficiary's life, Trustee may distribute income and principal to or for that person's health, education, maintenance, and support, considering other resources known to Trustee. Trustee shall exercise discretion in good faith for the trust's purposes and the beneficiary's interests. Unused income is added to principal. Lifetime Beneficiary has no right to demand a distribution at a particular time or in a particular amount.
3. Spendthrift restriction
Before payment or delivery by Trustee, a beneficiary may not voluntarily transfer an interest in this trust, and that interest may not be involuntarily transferred, to the extent AS 34.40.110 permits. This restriction is subject to that statute's exceptions and does not promise absolute protection from creditors.
4. Trustee administration
Trustee may retain, invest, sell, lease, insure, repair, and manage property, employ advisers, and make authorized distributions, subject to Alaska fiduciary duties and AS 13.36.107 and AS 13.36.109. Trustee shall keep trust assets and records separate from personal assets and provide beneficiary information and accounts required by AS 13.36.080. Trustee shall keep beneficiaries reasonably informed, provide the statute's written acceptance notice where required, and respond to reasonable requests for trust terms, asset information, and accounts as that section requires. This instrument does not restrict information to adult beneficiaries alone.
Trustee shall receive compensation of [AMOUNT OR METHOD], plus reimbursement of proper administration expenses, subject to court review under Alaska law. Trustee shall file returns and pay taxes for which the trust is responsible. Federal grantor trust treatment depends on the actual powers and interests under 26 C.F.R. § 1.671-2 and related rules; signing this instrument does not elect a tax status.
5. Successor trustees
If Trustee cannot or will not serve, [FIRST SUCCESSOR FULL NAME AND ADDRESS] shall serve. If that person cannot or will not serve, [SECOND SUCCESSOR FULL NAME AND ADDRESS] shall serve. A successor shall accept in writing and receive the trust property and records. If no named successor serves, the vacancy shall be filled under AS 13.36.073(c). A departing trustee's liabilities are not discharged merely by leaving office. If co-trustees serve, they shall act under AS 13.36.072 unless a later lawful trust term provides otherwise.
6. Death remainder and termination
At Lifetime Beneficiary's death, Trustee shall pay proper trust expenses and taxes, then distribute 100% of the remaining property to [PRIMARY REMAINDER BENEFICIARY FULL NAME AND ADDRESS]. If that person does not survive Lifetime Beneficiary, distribute 100% to [ALTERNATE REMAINDER BENEFICIARY FULL NAME AND ADDRESS]. If neither survives, distribute 100% to [NAMED CHARITY, ADDRESS, AND EIN]; if it no longer exists, Trustee shall select a substantially similar charity. Trustee shall provide a final account as required by law and close the trust after distribution. No general 1,000-year termination date is supplied by AS 34.27.051.
7. Disputes and severability
An interested person may bring a proceeding concerning the trust's internal affairs in the Alaska Superior Court under AS 13.36.035. This agreement imposes no arbitration, cure period, automatic fee award, or cap on a trustee's personal liability. It does not waive a jury right available under AS 13.06.085 and Alaska Probate Rule 11. If a term is invalid, the remaining terms shall continue to the extent lawful and consistent with the trust's purpose.
Schedule A — Property transferred now
| Property and identifying details | Value, if known | Transfer evidence or date |
|---|---|---|
| [DESCRIPTION OF CASH, SECURITIES, OR OTHER PROPERTY] | [AMOUNT] | [TRANSFER INSTRUMENT / DATE] |
Settlor confirms ownership and transfer of the listed property. Trustee acknowledges receipt of it or the separate instrument conveying it.
Signatures
Settlor: ______________________________ Date: [__/__/____]
Printed name: [SETTLOR FULL NAME]
Trustee acceptance: ______________________________ Date: [__/__/____]
Printed name: [INITIAL TRUSTEE FULL NAME]
About this template
- Last updated
- October 21, 2026
- Citations checked
- October 21, 2026
- Jurisdiction
- Alaska
- Category
- Estate Planning & Wills
Legal authority
- AS 13.36.035
- AS 13.36.072
- AS 13.36.073
- AS 13.36.080
- AS 13.36.095
- AS 13.36.107
- AS 13.36.109
- AS 34.27.051
- AS 34.40.110
- AS 13.06.085
- AS 22.10.010
- Alaska Probate Rule 11
- 26 C.F.R. § 1.671-2(a)
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 21, 2026.
AS 34.27.051 (checked October 21, 2026): "A general or nongeneral power of appointment not presently exercisable because of a condition precedent is invalid unless, within a period of 1,000 years after its creation, either the power is irrevocably exercised or the power terminates."
AS 13.36.072 (checked October 21, 2026): "Except as otherwise provided in the trust instrument, (1) co-trustees who are unable to reach a unanimous decision may decide to act by majority decision"
AS 13.06.085 (checked October 21, 2026): "If duly demanded, a party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury."
Alaska Probate Rule 11 (checked October 21, 2026): "A demand for jury trial pursuant to AS 13.06.085 is governed by Civil Rules 38 and 39, except that the demand must be served no later than 20 days after service of the first pleading directed to a triable issue or five days before the scheduled hearing, whichever is earlier."
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