Code of Alabama
Ala. Code § 19-3B-412 (2026)
Modification or Termination Because of Unanticipated Circumstances or Inability to Administer Trust Effectively.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor’s probable intention.
(b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust’s administration.
(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
(Act 2006-216, p. 314, §1.)
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2012–2025 · leading case: Perdue ex rel. Perdue v. Green, 127 So. 3d 343 (Ala. 2012).
Perdue ex rel. Perdue v. Green, 127 So. 3d 343 (Ala. 2012). “The trial court’s final judgment approving the terms of the proposed settlement agreement stated, and Green and the other appellees contend, that the trial court derived its authority, at least in part, to approve portions of the proposed settlement agreement from § 19-3B-412,…”
Barrett v. Barrett, 274 So. 3d 269 (Ala. 2018). “On May 9, 2016, the circuit court, following a hearing, entered an order, pursuant to § 19-3B-412, Ala. Code 1975, modifying the trust to extend its term indefinitely pending further order of the court.”
Barrett v. Barrett, 274 So. 3d 269 (Ala. 2018). “On May 9, 2016, the circuit court, following a hearing, entered an order, pursuant to § 19-3B-412, Ala. Code 1975, modifying the trust to extend its term indefinitely pending further order of the court.”
Gail Bradley v. LaDonna Spivey, as Tr. of The Walden Fam. Trust (Ala. Civ. App. 2025). “Bradley's amended complaint, filed after the trustee had filed a motion to dismiss averring that the original complaint failed to state a claim upon which relief could be granted, expressly invoked Ala. Code 1975, § 19-3B-412, a portion of Alabama's Uniform Trust Code ("the…”
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