Iowa Code

Iowa Code § 633A.3101 (2026)

Competency to create, revoke, or modify a revocable trust

✓ current as of July 2026

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1. To create, revoke, or modify a revocable trust, the settlor must be competent. An aggrieved person shall have all causes of action and remedies available to the aggrieved person in attacking the creation, revocation, or modification of a revocable trust as one would if attacking the propriety of the execution of a will.

2. The level of competency required of a settlor to direct the actions of the trustee, or to contribute property to, or to withdraw property from, a trust is the same as that required to create a revocable trust. 99 Acts, ch 125, §25, 109; 2000 Acts, ch 1150, §14 C2001, §633.3101 2005 Acts, ch 38, §54 CS2005, §633A.3101 \n

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2013–2025 · leading case: In the Matter of Trust T-1 of Mary Faye Trimble, Judith R. Cunningham, Tr., 826 N.W.2d 474 (Iowa 2013).

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In the Matter of Trust T-1 of Mary Faye Trimble, Judith R. Cunningham, Tr., 826 N.W.2d 474 (Iowa 2013). · cites it 2× “The parties present two conflicting interpretations. Miller’s interpretation is that the trustee should account to the beneficiaries for this period because, once the settlor dies and the trust is irrevocable, section 633A.”

In the Matter of the Ronald R. Oldham Trust U/D/O 7/09/2007 Edward Oldham v. Stacey Oldham, 889 N.W.2d 671 (Iowa Ct. App. 2016). · cites it 2× “” Iowa Code § 633A.3101(1). Therefore, in order to ensure Edward, as the aggrieved party, has the same causes of action and remedies due a party contesting a will we find the standard of review is for errors at law and therefore findings of fact are binding on review if…”

Amanda Kerber, Melissa Kerber, & Jeremy Kerber v. Marie Eischeid, Marguerite Nielsen, Teresa Smith, Annette Firkus, Kathleen Kasparbauer, & Mary Smith (Iowa Ct. App. 2016). · cites it 2× “The children point to Iowa Code section 633A.3101 for the proposition that a competent settlor may direct the actions of a trustee and claim there was no breach of fiduciary duty because “[a]s long as [Marie and Marguerite] were following [Teresa’s] instructions, they fulfilled…”

Kerby v. Jerry Kerby Revocable Trust (Iowa Ct. App. 2017). · cites it 2× “2d 474, 484 (Iowa 2013) (noting a trustee owes his duties to the settlor of a revocable trust so long as the settlor is alive and competent); see also Iowa Code § 633A.3101 (“To create, revoke, or modify a revocable trust, the settlor must be competent.”

Winslow v. Poole (Iowa Ct. App. 2025). · cites it 2× “” Iowa Code § 633A.3101(1). So, Robert reasons that 12 because Ann is permanently incompetent, the trust is irrevocable.”

— Iowa Code § 633A.3101(1) — 2 cases

In the Matter of the Ronald R. Oldham Trust U/D/O 7/09/2007 Edward Oldham v. Stacey Oldham, 889 N.W.2d 671 (Iowa Ct. App. 2016). “” Iowa Code § 633A.3101(1). Therefore, in order to ensure Edward, as the aggrieved party, has the same causes of action and remedies due a party contesting a will we find the standard of review is for errors at law and therefore findings of fact are binding on review if…”

Winslow v. Poole (Iowa Ct. App. 2025). “” Iowa Code § 633A.3101(1). So, Robert reasons that 12 because Ann is permanently incompetent, the trust is irrevocable.”

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