(a)Except as provided in subdivision (b), if all beneficiaries of an irrevocable trust consent, they may petition the court for modification or termination of the trust.
(b)If the continuance of the trust is necessary to carry out a material purpose of the trust, the trust cannot be modified or terminated unless the court, in its discretion, determines that the reason for doing so under the circumstances outweighs the interest in accomplishing a material purpose of the trust. If the trust is subject to a valid restraint on the transfer of a beneficiary’s interest as provided in Chapter 2 (commencing with Section 15300), the trust may not be terminated unless the court determines there is good cause to do so.
(c)If the trust provides for the disposition of principal to a class of persons described only as “heirs” or “next of kin” of the settlor, or using other words that describe the class of all persons who would
take under the rules of intestacy, the court may limit the class of beneficiaries whose consent is necessary to modify or terminate a trust to the beneficiaries who are reasonably likely to take under the circumstances.
Notes of Decisions
Cited in
12
cases (
3 in the last 5 years), 1998–2026 · leading case:
Est. of Rapp v. Comm'r, 140 F.3d 1211 (9th Cir. 1998).
Est. of Rapp v. Comm'r, 140 F.3d 1211 (9th Cir. 1998).
· cites it 2× “5 Her petition relied upon the probate court’s power to modify or terminate a trust upon consent of all parties, Cal. Prob.Code § 15403, or its power to modify or terminate a trust due to changed circumstances, Cal.”
Laycock v. Hammer, 2006 Cal. Daily Op. Serv. 6142 (Cal. Ct. App. 2006).
“Rather, Probate Code section 15403 provides the only means of terminating the irrevocable nature of a tmst.”
Aguilar v. Aguilar, 168 Cal. App. 4th 35 (Cal. Ct. App. 2008).
“(Prob. Code, § 15403, subd. (a); Laycock v.”
Boys & Girls Club of Petaluma v. Walsh, 169 Cal. App. 4th 1049 (Cal. Ct. App. 2008).
“Subject to one exception, Probate Code section 15403, subdivision (a) 1 gives the probate court the authority to modify or terminate an irrevocable trust “if all beneficiaries .”
In re Bogetti, 349 B.R. 14 (Bankr. E.D. Cal. 2006).
“In substance, the trust was revocable because the debtors were the only beneficiaries and Cal. Probate Code § 15403 (a) permits all beneficiaries to agree to terminate an irrevocable trust.”
Elijah & Mary Stiny Trusts v. Helen Robins (8th Cir. 2026).
· cites it 2× “” Cal. Prob. Code § 15403 (a). However, “[i]f the continuance of the trust is necessary to carry out a material purpose of the trust, the trust cannot be modified or terminated unless the court, in its discretion, determines that the reason for doing so under the circumstances…”
In re: Giles Duane Spellman (9th Cir. BAP 2016).
“Spellman is now 5 represented by new counsel as shown in his declaration filed December 29, 2010 and based on his declaration, 6 the original Petition for Order Adopting the Report of the Referee were not his wishes and could not be based 7 on California Probate Code Section…”
In re: Giles Duane Spellman (9th Cir. BAP 2016).
“Spellman is now 5 represented by new counsel as shown in his declaration filed December 29, 2010 and based on his declaration, 6 the original Petition for Order Adopting the Report of the Referee were not his wishes and could not be based 7 on California Probate Code Section…”
Roth v. Jelley (Cal. Ct. App. 2020).
“8 Probate Code §§ 15403, et seq.,” which govern the modification or termination of an irrevocable trust such as the FYR Trust.”
Vaughn v. Mahurin CA4/3 (Cal. Ct. App. 2014).
“” (Prob. Code, § 15403, subd. (a).) However, as appellants point out, they as beneficiaries did not consent to the modification of the Mahurin Family Trust.”
— Cal. Probate Code § 15403(a) — 1 case
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