Mass. Gen. Laws » Part II Title II Chapter 203E
Massachusetts General Laws

Mass. Gen. Laws ch. 203E, § 411 (2026)

Modification or termination of non-charitable irrevocable trust by consent

✓ current as of July 2026
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Section 411. Modification or termination of non-charitable irrevocable trust by consent

(a) If, upon petition, the court finds that the settlor and all beneficiaries consent to the modification or termination of a non-charitable irrevocable trust, the court may approve the modification or termination even if the modification or termination is inconsistent with a material purpose of the trust.

(b) A non-charitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A non-charitable irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.

(c) If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (a) or (b), the modification or termination may be approved by the court if the court is satisfied that:

(1) if all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and

(2) the interests of a beneficiary who does not consent will be adequately protected.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2019–2026 · leading case: In re Macmackin Nominee Realty Trust, 122 N.E.3d 1 (Mass. App. Ct. 2019).
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In re Macmackin Nominee Realty Trust, 122 N.E.3d 1 (Mass. App. Ct. 2019). · cites it 2× “The petition alleged that termination was proper under G. L. c. 203E, §§ 411, 412, and 414. In an attachment to the petition, Ivo asserted that the MacMackin trust "no longer serves any useful purpose, .”
Marianne Poulos v. Peter a. Poulos., 100 Mass. App. Ct. 40 (Mass. App. Ct. 2021). · cites it 3× “See G. L. c. 203E, § 411 (b). 2. Ademption by extinction.”
Renita K. Johnson v. George J. Keramas & Another. (Mass. App. Ct. 2026). “" G. L. c. 203E, § 411 (b), (c). 14The January 2018 order required Keramas to produce documents related to the sale of three trust properties in 2015, including "[a]ny and all documents which relate to the present whereabouts of the proceeds" from those sales.”
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