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Cal. Prob. Code § 15409

Modification and Termination of Trusts

Known as the Trust Law

The act spans §§ 15000–19403 (351 sections).

Applied in 5 court decisions — leading case 23 Cal. 4th 116 - Kraus v. Trinity Management Services, Inc. (2000)

Most recently applied in 23 Cal. 4th 116 - Kraus v. Trinity Management Services, Inc. (June 2000)

Enacted by Stats. 1990, Ch. 79.

How often courts cite this section

1995200020
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) On petition by a trustee or beneficiary, the court may modify the administrative or dispositive provisions of the trust or terminate the trust if, owing to circumstances not known to the settlor and not anticipated by the settlor, the continuation of the trust under its terms would defeat or substantially impair the accomplishment of the purposes of the trust. In this case, if necessary to carry out the purposes of the trust, the court may order the trustee to do acts that are not authorized or are forbidden by the trust instrument.

(b) The court shall consider a trust provision restraining transfer of the beneficiary’s interest as a factor in making its decision whether to modify or terminate the trust, but the court is not precluded from exercising its discretion to modify or terminate the trust solely because of a restraint on transfer.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.