(UTC 412) (a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention. (b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration. (c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
Neb. Rev. Stat. § 30-3838
(UTC 412) Modification or termination because of unanticipated circumstances or inability to administer trust effectively
Applied in 1 court decision — leading case In re Trust Created by Augustin (2019)
Most recently applied in In re Trust Created by Augustin (September 2019)
Laws 2003, LB 130, § 38.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.