Can a trust ever be broken?

There are several reasons a trust can break, including: Changing family circumstances. A trust that works just fine when it's established may no longer achieve its original goals if your family circumstances change. Some examples are a divorce, second marriage or the birth of a child.

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Texas
Bexar
Agreement Among Beneficiaries to Terminate Trust

Bexar Texas Agreement Among Beneficiaries to Terminate Trust

Name: Bexar Texas Agreement Among Beneficiaries to Terminate Trust
Brand: US Legal Forms
Rating: 4.6 (419 reviews)

Category:

Trusts - Termination

State:

Multi-State

County:

Bexar

Control #:

US-01208BG

Format:

Instant download

Description

Unless the continuation of a trust is necessary to carry out a material purpose of the trust (such as tax benefits), the trust may be terminated by agreement of all the beneficiaries if none of them is mentally incompetent or underage (e.g., under 21 in some states). However, termination generally cannot take place when it is contrary to the clearly expressed intention of the trustor. In the absence of a provision in a trust instrument giving the trustee power to terminate the trust, a trustee generally has no control over the continuance of the trust.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Further, a trust will be considered as terminated when all the assets have been distributed except for a reasonable amount which is set aside in good faith for the payment of unascertained or contingent liabilities and expenses (not including a claim by a beneficiary in the capacity of beneficiary).

To revoke and/or terminate an irrevocable trust, the settlor and all beneficiaries must express consent. If one party seeks modification of the trust against the interest of another party, the petition will need to be brought before a court to decide.

The first step in dissolving a revocable trust is to remove all the assets that have been transferred into it. The second step is to fill out a formal revocation form, stating the grantor's desire to dissolve the trust.

How a trust can be dissolved will depend on the trust in question. Some trusts will be terminated by the occurrence of a particular event (for example, on the death of a beneficiary or when they come of age) whereas others will be terminated by the actions of the trustees or beneficiaries.

In most cases, what makes a trust invalid is a problem with its creation. For instance, a trust might be legally considered invalid if it: Was created through intimidation or force. Was created by a person of unsound mind.

A settlor can revoke a trust, if the original trust document allows this action. The trust is fully valid. It only comes to an end when the settlor fully revokes it. mistake.

For example, the trust document may provide that the beneficiaries can remove the trustee by unanimous or majority vote for any reason or for due cause. If the trust was created in a Will, called a testamentary trust, removal still must go through the Surrogates Court.

There are several reasons a trust can break, including: Changing family circumstances. A trust that works just fine when it's established may no longer achieve its original goals if your family circumstances change. Some examples are a divorce, second marriage or the birth of a child.

In terms of the common law, a trust can be terminated in the following circumstances: Statute prescribed termination; Fulfillment of the object of the trust; The Trust not having beneficiaries that can be determined; Renunciation or repudiation by the beneficiary/ies; Destruction of the trust property; or.

As the Master registers all trusts, the Master also requires confirmation that a trust has been terminated. A trust may be terminated by operation of law, by fulfilment of the trust's objectives, due to destruction of trust property or by the renunciation of the trust by the beneficiary.

Bexar Texas Agreement Among Beneficiaries to Terminate Trust

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