Trusts Flashcards
1
Q
The Uniform Trust Code and the Restatement (Third) both presume …
A
a general charitable purpose and authorize applying cy pres even if the settlor’s intent is not known
2
Q
May a court alter the rights of beneficiaries due to changed circumstances?
A
No, but it may interpret certain changes as frustrating to the trust purposes in order to make such modifications.
3
Q
A court may modify a trust under the doctrine of equitable deviation if …
A
events that were unanticipated by the trustee have occurred, and the changes would further the purposes of the trust. To the extent possible, the modification must be made in accordance with the settlor’s probable intention, and the court need not seek beneficiary consent to make the modification.
