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Cal. Probate Code § 15409 (2026)

✓ current as of May 2026
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(a)On petition by a trustee or beneficiary, the court may modify the administrative or dispositive provisions of the trust or terminate the trust if, owing to circumstances not known to the settlor and not anticipated by the settlor, the continuation of the trust under its terms would defeat or substantially impair the accomplishment of the purposes of the trust. In this case, if necessary to carry out the purposes of the trust, the court may order the trustee to do acts that are not authorized or are forbidden by the trust instrument.

(b)The court shall consider a trust provision restraining transfer of the beneficiary’s interest as a factor in making its decision whether to modify or terminate the trust, but the court is not precluded from exercising its discretion to modify or terminate the trust solely because of a restraint on transfer.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1995–2024 · leading case: Corbett v. Superior Court, 2002 Cal. Daily Op. Serv. 7911 (Cal. Ct. App. 2002).
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Corbett v. Superior Court, 2002 Cal. Daily Op. Serv. 7911 (Cal. Ct. App. 2002). · cites it 4× “Liquid Recovery and Class Action Probate Code section 15409 expressly authorized the cy pres concept of putting charitable trust funds to the next best use if the trust purpose could no longer be accomplished.”
Schwan v. Permann, 239 Cal. Rptr. 3d 427 (Cal. Ct. App. 5th 2018). · cites it 2× “) Probate Code section 15409, subdivision (a) provides: "On petition by a trustee or beneficiary, the court may modify the administrative or *697 dispositive provisions of the trust .”
Kraus v. Trinity Mgmt. Servs., Inc., 999 P.2d 718 (Cal. 2000). · cites it 2× “Although the cy près concept of putting charitable trust funds to the next best use if the trust purpose can no longer be accomplished was well established and has been expressly authorized by the Legislature (Prob. Code, § 15409), the extension of that equitable concept to…”
Est. of Rapp v. Comm'r, 140 F.3d 1211 (9th Cir. 1998). · cites it 2× “Cal. Probate Code § 15409 provides that a court may modify or terminate a trust if: owing to circumstances not known to the settlor and not anticipated by the settlor, the continuation of the trust under its terms would defeat or substantially impair the accomplishment of the…”
In Re Jt. E. & S. Dist. Asbestos Litig., 878 F. Supp. 473 (S.D.N.Y. 1995). · cites it 2× “Cal.Prob.Code §§ 15409 & 15403-15405 (statutory scheme governing trust modification that differentiates between judicial modification and modification by consent of the beneficiaries).”
Findley v. Falise, 878 F. Supp. 473 (E.D.N.Y 1995). · cites it 2× “Cal.Prob.Code §§ 15409 & 15403-15405 (statutory scheme governing trust modification that differentiates between judicial modification and modification by consent of the beneficiaries).”
Schwan v. Permann (Cal. Ct. App. 2018). · cites it 2× “) Probate Code section 15409, subdivision (a) provides: “On petition by a trustee or beneficiary, the court may modify the administrative or dispositive provisions of the trust .”
Latty v. Croslin CA1/3 (Cal. Ct. App. 2013). · cites it 3× “6 Probate Code section 15409 provides in relevant part: ―On petition by a trustee or beneficiary, the court may modify the administrative or dispositive provisions of the trust or terminate the trust if, owing to circumstances not known to the settlor and not anticipated by the…”
Newcomb v. Bates CA3 (Cal. Ct. App. 2023). “4th 51, 80 (Ike); see also, Prob. Code, § 15409, subd. (a); Civ. Code, § 3399.”
Stephenson-Cocke v. Cocke CA2/6 (Cal. Ct. App. 2024). “Probate Code section 15409, subdivision (a)2 provides: “On petition by a trustee or beneficiary, the court may modify the administrative or dispositive provisions of the trust or terminate the trust if, owing to circumstances not known to the settlor and not anticipated by the…”
— Cal. Probate Code § 15409(a) — 1 case
Est. of Rapp v. Comm'r, 140 F.3d 1211 (9th Cir. 1998). “Cal. Probate Code § 15409 provides that a court may modify or terminate a trust if: owing to circumstances not known to the settlor and not anticipated by the settlor, the continuation of the trust under its terms would defeat or substantially impair the accomplishment of the…”
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