blog1-1Trusts are, by default, revocable. A trust is only irrevocable if its terms expressly state so. If a trust provides for revocation procedures, a settlor may revoke by complying with those provisions. If the trust does not state a revocation procedure, the settlor may amend or revoke by any method manifesting “clear and convincing evidence” of the settlor’s intent to revoke or amend, especially by executing a Will or codicil stating so.

Trusts funded by more than one settlor may be revoked and amended by any settlor to the extent that the settlor contributed to the trust. If the contributors were spouses and the trust was community property, the trust may be amended by joint action of both spouses, or revoked by one spouse acting alone.

During the revocable period, the trustee’s duties are owed exclusively to the settlor, and not to the beneficiaries.


 

This article is informational and does not contain legal advice. If you would like to ensure your property is distributed according to your wishes, please seek advice from an estate planning professional.

Content taken from Mr. Melling’s book: The Utah Uniform Probate Code: A Quick-Reference Guide for Practitioners and Students.