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Revocation or Amendment of a Revocable Trust

Missouri trusts are presumptively revocable. Therefore, they are freely amendable and capable of being cancelled by the settlor/grantor, unless the trust itself states that it is irrevocable. To amend a trust, the general rule of thumb is that one must follow the method of amendment/revocation provided for in the terms of the trust — or substantially comply with that method. In the event that the trust is silent as to a method for revocation or amendment,  Missouri law allows it “ by any other method manifesting clear and convincing evidence of the settlor’s [i.e., the trust-maker’s] intent, including the terms of a later duly probated will or codicil that identify the trust being revoked or the trust terms being amended.”

Be aware that the power to revoke or amend a trust typically only rests with the settlor/grantor. While there are certain statutory exceptions to this rule in which an interested party can petition to modify an irrevocable trust, one of the more prominent exceptions lies in Section 456.6-602, RSMo. Specifically, a conservator or conservator ad litem of the settlor may exercise a settlor’s powers with respect to revocation, amendment, or distribution of trust property — but only with approval of the Court. See Section 456.6-602.6.

Contact us with questions relating to wills, trusts, conservatorships, guardianships or other estate matters.