Irrevocable Trust - Alabama
IRREVOCABLE TRUST AGREEMENT
Trust name: [TRUST NAME]
Date: [DATE]
Settlor: [FULL LEGAL NAME, ADDRESS]
Initial trustee: [FULL LEGAL NAME, ADDRESS]
The Settlor transfers the Settlor-owned property in Schedule A to the Initial Trustee by the delivery or separate transfer documents identified there. The Trustee acknowledges receipt of property actually delivered and holds it under this agreement for the beneficiaries named below. An entry in Schedule A does not replace a deed, assignment, title change, or other legally required transfer. This agreement creates a present Alabama inter vivos trust under Ala. Code §§ 19-3B-401 and -402.
1. Irrevocability and purpose
The Settlor expressly makes this trust irrevocable under Ala. Code § 19-3B-602(a) and reserves no unilateral power to revoke, amend, reclaim trust property, or direct distributions. The trust holds property for the current beneficiary and remainder beneficiaries. A later consensual modification or termination may follow Ala. Code § 19-3B-411; subsection (a) requires a petition and court order upon settlor and beneficiary consent. No private amendment power is created here.
2. Beneficiaries and distributions
Current beneficiary: [FULL LEGAL NAME, ADDRESS]. During this person's life and while the trust continues, the Trustee may distribute income or principal to or for that beneficiary's health, education, maintenance, or support after considering resources known to the Trustee. Undistributed property remains in trust. No distribution is mandatory before the termination event.
Termination event: On [SPECIFIC DATE], or on the current beneficiary's earlier death, the Trustee shall pay proper trust expenses and distribute all remaining property in the shares below. Complete shares totaling 100% and name an alternate for each share.
| Remainder beneficiary | Share | Alternate if beneficiary does not survive termination |
|---|---|---|
| [FULL NAME, ADDRESS] | [__]% | [FULL NAME, ADDRESS] |
| [FULL NAME, ADDRESS] | [__]% | [FULL NAME, ADDRESS] |
If no named remainder beneficiary or alternate survives, the balance passes to [ULTIMATE BENEFICIARY OR CHARITY, ADDRESS]. If a beneficiary may be a minor at termination, counsel should complete a custodial or continuing-trust provision before execution.
3. Spendthrift restriction
Each beneficiary's interest is subject to a restriction on voluntary and involuntary transfer under Ala. Code § 19-3B-502. This restriction is subject to the exceptions and limits in §§ 19-3B-503 through -506, including specified support claims, state or federal claims where law permits, settlor-creditor reach to amounts distributable for the Settlor, and an overdue mandatory distribution. It does not promise protection from every creditor.
4. Additional property
The Trustee may accept or decline additional property offered to this trust. An addition becomes trust property only when effectively transferred and accepted. The Trustee shall record the source and method of each transfer.
5. Trustee succession
The Initial Trustee accepts by signing below. A later designated trustee may accept by signing the acceptance or another method permitted by Ala. Code § 19-3B-701. If the Initial Trustee dies, resigns, or otherwise stops serving, the first willing and able person in this order becomes successor:
- [FIRST SUCCESSOR, ADDRESS]
- [SECOND SUCCESSOR, ADDRESS]
If neither can serve and no cotrustee remains, § 19-3B-704 supplies the remaining order for this noncharitable trust: unanimous agreement of the adult qualified beneficiaries and any entity qualified beneficiary, then court appointment. A Trustee may resign on at least 30 days' notice to qualified beneficiaries, the living Settlor, and all cotrustees, or with court approval, under § 19-3B-705.
6. Trustee administration
The Trustee shall identify and safeguard trust property, keep records, and administer the trust in good faith and prudently under Ala. Code §§ 19-3B-801 and -804. Subject to fiduciary duties and this agreement, the Trustee may hold, invest, insure, sell, lease, and manage property; employ advisers; pay proper expenses; and make distributions in cash or in kind under § 19-3B-815 and other applicable law. The Trustee may receive reasonable compensation and reimbursement of proper expenses.
The Trustee shall give notices and information required by Ala. Code § 19-3B-813. For this new irrevocable trust, within 60 days after acceptance the Trustee shall notify qualified beneficiaries of the acceptance and the Trustee's name, address, and telephone number, and of the trust's existence, settlor identity, right to request the instrument, and right to the most recent report. The Trustee shall send an annual report to distributees or permissible distributees and requesting other qualified or nonqualified beneficiaries, and a final report on termination. Reports shall include assets, liabilities, receipts, disbursements, compensation, and feasible market values. Silence after a report does not automatically approve it or release the Trustee.
7. General terms
Alabama law governs this trust. Under Ala. Code § 19-3B-203, a circuit court generally handles trustee or beneficiary trust-administration proceedings; a probate court granted statutory equitable jurisdiction has concurrent jurisdiction, including for inter vivos trusts. This agreement does not select an exclusive court. No term excuses breach of fiduciary duty, imposes arbitration, waives a jury categorically, or caps all liability at trust-property value. The limits in §§ 19-3B-1008 and -1010 continue to apply. If a term is unenforceable, the remaining terms continue as far as they can carry out the Settlor's lawful intent.
8. Signatures
The Settlor signs intending to create and fund this irrevocable trust. The Initial Trustee signs to accept the trusteeship and property actually delivered.
Settlor: [FULL LEGAL NAME]
Signature: ______________________________
Date: [DATE]
Initial trustee: [FULL LEGAL NAME]
Signature: ______________________________
Date: [DATE]
Successor trustee acceptance (sign only on taking office): I accept the trusteeship and agree to administer property received under this agreement.
Successor trustee: [FULL LEGAL NAME]
Signature: ______________________________
Date: [DATE]
Schedule A — initial property transfer
| Settlor-owned property transferred | Transfer document or delivery method | Date received by Trustee |
|---|---|---|
| [DESCRIPTION] | [DEED, ASSIGNMENT, TITLE CHANGE, OR DELIVERY] | [DATE] |
| [DESCRIPTION] | [DEED, ASSIGNMENT, TITLE CHANGE, OR DELIVERY] | [DATE] |
Settlor's signature confirming Schedule A: ______________________________
Trustee's receipt of property delivered: ______________________________
Date: [DATE]
Sources and references
- Alabama Legislature, Code of Alabama, with exact section URLs and source quotes listed in the frontmatter.
About this template
- Last updated
- October 21, 2026
- Citations checked
- October 21, 2026
- Jurisdiction
- Alabama
- Category
- Estate Planning & Wills
Legal authority
- Ala. Code § 19-3B-203
- Ala. Code § 19-3B-401
- Ala. Code § 19-3B-402
- Ala. Code § 19-3B-411
- Ala. Code § 19-3B-502
- Ala. Code § 19-3B-503
- Ala. Code § 19-3B-504
- Ala. Code § 19-3B-505
- Ala. Code § 19-3B-506
- Ala. Code § 19-3B-602
- Ala. Code § 19-3B-701
- Ala. Code § 19-3B-704
- Ala. Code § 19-3B-705
- Ala. Code § 19-3B-801
- Ala. Code § 19-3B-804
- Ala. Code § 19-3B-813
- Ala. Code § 19-3B-815
- Ala. Code § 19-3B-1008
- Ala. Code § 19-3B-1010
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.
Ala. Code § 19-3B-203(b) (checked October 20, 2026): "A probate court granted statutory equitable jurisdiction has concurrent jurisdiction with the circuit court in any proceeding involving a testamentary or inter vivos trust."
Ala. Code § 19-3B-1008(a) (checked October 20, 2026): "A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it: (1) relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries"
Ala. Code § 19-3B-1010(b) (checked October 20, 2026): "A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, but only if the trustee, the trustee’s employee, or the trustee’s agent is personally at fault."
Ala. Code § 19-3B-203 (checked October 21, 2026): "A probate court granted statutory equitable jurisdiction has concurrent jurisdiction with the circuit court in any proceeding involving a testamentary or inter vivos trust."
Draft your Irrevocable Trust in the editor
Answer a few questions, let the AI editor draft each section from your answers, review it, and download Word and PDF. Pro includes every other template and app on Ezel. $249 per month, cancel anytime.