Trust Modification or Termination for Unanticipated Circumstances

Document Type

Article

Publication Date

2012

Abstract

In this article, Alan Newman explores the legal mechanisms available for modifying or terminating trusts when unanticipated circumstances arise that frustrate or significantly impair the settlor's original intent. He focuses on the equitable doctrine of deviation and the Uniform Trust Code’s provisions, particularly §412, which authorize courts to amend or dissolve trusts when adhering strictly to their terms would be impracticable, wasteful, or contrary to the trust’s purpose. Newman analyzes the threshold for judicial intervention, including how courts assess intent, purpose, and materiality of change, and compares these principles with similar doctrines such as cy pres (used for charitable trusts). The article underscores the tension between respecting settlor autonomy and achieving flexibility in administration, ultimately advocating for a balanced, purposive approach that preserves the trust’s functional and moral objectives.

Publication Title

Probate Law Journal of Ohio

Volume

22

First Page

12

Comments

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