Public-domain · open source
OpenJurist

Ark. Code Ann. § 28-73-411

Modification or termination of noncharitable irrevocable trust by consent

Known as the Arkansas Trust Code

The act spans §§ 28–28 (103 sections).

Applied in 1 court decision — leading case 2013 Ark. App. 28 - Buckalew v. Arvest Trust Co. (2013)

Most recently applied in 2013 Ark. App. 28 - Buckalew v. Arvest Trust Co. (January 2013)

Acts 2005, No. 1031, § 1.

(1) A noncharitable irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust.

(2) A settlor's power to consent to a trust's modification or termination may be exercised by: an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust;

(3) the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or

(4) the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed.

(5) A noncharitable irrevocable trust may be: terminated upon consent of all of the beneficiaries if a court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust; or

(6) modified upon consent of all of the beneficiaries if a court concludes that modification is not inconsistent with a material purpose of the trust.

(7) A spendthrift provision in the terms of the trust is presumed to constitute a material purpose of the trust.

(8) Upon termination of a trust under subsection (a) or (b), the trustee shall distribute the trust property as agreed by the beneficiaries.

(9) If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (a) or (b), the modification or termination may be approved by a court if the court is satisfied that: if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and

(10) the interests of a beneficiary who does not consent will be adequately protected.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.