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Modification of Trust Because of Unanticipated Circumstances

Under Section 456.4-412, RSMo, the Court may modify an irrevocable trust if, because of circumstances not anticipated by the settlor/trust-maker, the modification or termination will further the purposes of the trust. This statute obviously adds great flexibility to the Court’s ability to change the terms of a trust. This was largely in response to situations in which a settlor/trust-maker is deceased and a trustee is administering an irrevocable trust which the settlor probably would want terminated or changed. Previously, there would be no ability to change/modify the trust because the settlor/trust-maker is deceased. Section 456.4-412, RSMo allows a modification by the Court because of a change in circumstances — but only if it is in accordance with the settlor’s/trust-maker’s “probable intention.”

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