14-10412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively
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 would impair the trust's administration.
C. On termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
Notes of Decisions
Schultz v. Schultz (Ariz. Ct. App. 2018).
· cites it 4× “For instance, the court has express authority to modify a trust “if continuation of the trust on its existing terms would be impracticable or wasteful or would impair the trust’s administration,” A.”
Taylor v. Credille (Ariz. Ct. App. 2018).
· cites it 2× “Doug also asked the court to modify the Trust, pursuant to A.R.S. § 14-10412 (2018), "to ensure that the Trust conforms to Decedent's intention that the [Property] be retained for so long as a member of his family needs a place to live, and rent-free.”
— Ariz. Rev. Stat. § 14-10412(A) — 1 case
Schultz v. Schultz (Ariz. Ct. App. 2018).
“For instance, the court has express authority to modify a trust “if continuation of the trust on its existing terms would be impracticable or wasteful or would impair the trust’s administration,” A.”
— Ariz. Rev. Stat. § 14-10412(B) — 1 case
Schultz v. Schultz (Ariz. Ct. App. 2018).
“For instance, the court has express authority to modify a trust “if continuation of the trust on its existing terms would be impracticable or wasteful or would impair the trust’s administration,” A.”
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