ANNE ARUNDEL ESTATE PLANNING COUNCIL

Many clients have irrevocable trusts with outdated or inadequate provisions which may be due to various reasons such as drafting errors, unforeseen changes in family circumstances, or changes in the law. Although a trust may be irrevocable on its face, there are various methods for terminating an irrevocable trust or modifying the terms of an irrevocable trust to bring the terms more in line with the client’s goals and present circumstances. Examples of these methods include decanting, either pursuant to the terms of the trust document or state law, nonjudicial settlement agreements, and petitions to modify or terminate trusts. Some, but not all, of these techniques have been codified by the State of Maryland and appear in the Maryland Trust Act. This program will provide an overview of these approaches for dealing with undesirable trust terms and provide guidance on how to determine which approach is appropriate for which situation.