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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 […]

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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 […]

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Contract Novation: Replacing Parties & Obligations

A contract novation is a substitution of a new contract, obligation, or party for an old contract, obligation, or party. It is, therefore, a type of contract amendment between parties. In litigation, a novation is often used as an affirmative defense to defend a breach of contract claim. The complaining party will allege breach, but […]

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Contract Disputes

Whether you realize it or not, contracts play a crucial role in our day-to-day lives. Purchasing a TV from a department store forms a contractual relationship. Filling up at the gas station forms a contractual relationship. Things do not always have to be formally reduced to writing to create a legally binding contract, like with […]

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