Arkansas Code Annotated
Ark. Code Ann. § 28-69-403 (2020)
Revocation, etc., by other means not precluded
✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Nothing in this subchapter shall prevent revocation, modification, or termination of a trust pursuant to its terms, or otherwise in accordance with applicable law.
History. Acts 1989, No. 841, § 3.
Case Notes
In General.
Where the sole beneficiary of a trust and the trustee consented to a transfer of all of the trust assets to a new trust, the original trust was properly terminated, even though court approval of the termination was not obtained pursuant to § 28-69-401(a) because, under this section, § 28-69-401(a) did not preclude the termination of a trust pursuant to its terms or otherwise in accordance with applicable law. In re Schultz, 324 B.R. 712 (Bankr. E.D. Ark. 2005).
Subchapter 5 — Retirement Plan — Spendthrift Trust
Notes of Decisions
Cited in 1
case, 2005–2005 · leading case: In Re Schultz, 324 B.R. 712 (Bankr. E.D. Ark. 2005).
In Re Schultz, 324 B.R. 712 (Bankr. E.D. Ark. 2005). “§ 28-69-401(a) does not make the *718 transfer of the trust assets to the Consolidated Trust invalid.”
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