modifcaiton of trust

Question 1

by settlro

Answer 1

settlor can modify the trust if the settlor expressly reserve the power to modify the trust

if has power to revoke, also power to modify

Question 2

by court

Answer 2

charitable trusts

cy pres

eviation power / doctrine of changed circumstnaces
1. court changes the admin o rmangaement provisions of the trust
2 elements for deviaion power
1. unforseen cirucmstnaces on the part of the settlor
2. necessity - neede dto preser trust

Question 3

temrination of revocable trust

Answer 3

majority rule - settlor retains power to revoke, settlor must expressly reserve it in the trust instrument

minority rule - settlor has power to revoke unless trust is expresly made irrevocable

Question 4

termination of irrevocable trusts

Answer 4

how to terminate before set time of termination

1. settlor and all benes agree to terminate
2. all benes agree to terminate and al material purposes have been acomplished
3. by operation of law - passive trusts and statute of uses
   a. privat eexpress trust with just real property and trustes i passvie with no duties - so pass on title to beneficairy and terminate trust.
   b. not all jurisdicitons recognize this