Ky. Rev. Stat. » Chapter 386B
Kentucky Revised Statutes

Ky. Rev. Stat. § 386B.4-120 (2026)

Modification or termination because of unanticipated circumstances or

✓ current as of May 2026
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inability to administer trust effectively.

(1) 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 shall be made in accordance with the settlor's probable intention.

(2) 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 impair the trust's administration.

(3) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.

(4) The District Court shall have exclusive jurisdiction over matters under this section. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 25, sec. 34, effective July 15, 2014.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2018–2023 · leading case: Davis v. Davis, 563 S.W.3d 105 (Ky. Ct. App. 2018).
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Davis v. Davis, 563 S.W.3d 105 (Ky. Ct. App. 2018). · cites it 2× “To the extent Mike seeks modification of the trust pursuant to KRS 386B.4-120, that matter falls within the exclusive jurisdiction of the district court.”
Charles G. Middleton, III v. Commonwealth Bank & Trust Co. in Its Capacity as Successor Tr. for the Lawrence L. Jones, Sr., Trust Under Agreement Dates December 28, 1933, No. 2021 CA 001035, 2023 WL 3667587 (Ky. Ct. App. May 25, 2023). “4- 110(7), KRS 386B.4-120(4), KRS 386B.4-140(5), KRS 386B.”
Ky. Rev. Stat. § 386B.4-120(4): 1 case
Charles G. Middleton, III v. Commonwealth Bank & Trust Co. in Its Capacity as Successor Tr. for the Lawrence L. Jones, Sr., Trust Under Agreement Dates December 28, 1933, No. 2021 CA 001035, 2023 WL 3667587 (Ky. Ct. App. May 25, 2023). “4- 110(7), KRS 386B.4-120(4), KRS 386B.4-140(5), KRS 386B.”
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