ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.7411 Modification or termination of noncharitable trust; consent; "settlor's representative" defined.
Sec. 7411.
(1) Subject to subsection (2), a noncharitable irrevocable trust may be modified or terminated in any of the following ways:
(a) By the court on the consent of the trustee and the qualified trust beneficiaries, if the court concludes that the modification or termination of the trust is consistent with the material purposes of the trust or that continuance of the trust is not necessary to achieve any material purpose of the trust.
(b) On the consent of the qualified trust beneficiaries and a person or committee that is given the power under the terms of the trust to grant, veto, or withhold approval of termination or modification of the trust.
(c) By a trustee or other person or committee that is given a power by the terms of the trust to direct the termination or modification of the trust.
(2) Subsection (1) does not apply to irrevocable trusts created before or to revocable trusts that become irrevocable before April 1, 2010.
(3) Notice of any proceeding to terminate or modify a trust must be given to the settlor, the settlor's representative if the petitioner has a reasonable basis to believe the settlor is an incapacitated individual, the trust director, if any, a powerholder described in subsection (1)(b) or (c), if any, the trustee, and any other person named in the terms of the trust to receive notice of such a proceeding.
(4) On termination of a trust under subsection (1), the trustee shall distribute the trust property as agreed by the qualified trust beneficiaries.
(5) If the trustee fails or refuses to consent, or fewer than all of the qualified trust beneficiaries consent, to a proposed modification or termination of the trust under subsection (1), the modification or termination may be approved by the court if the court is satisfied that both of the following apply:
(a) If the trustee and all of the qualified trust beneficiaries had consented, the trust could have been modified or terminated under this section.
(b) The interests of a qualified trust beneficiary who does not consent will be adequately protected.
(6) As used in this section, "settlor's representative" means the settlor's agent under a durable power of attorney, if the agent is known to the petitioner, or, if an agent has not been appointed, the settlor's conservator, plenary guardian, or partial guardian.
History: Add. 2009, Act 46, Eff. Apr. 1, 2010 ;-- Am. 2010, Act 325, Eff. Apr. 1, 2010 ;-- Am. 2018, Act 664, Eff. Mar. 29, 2019
Compiler's Notes:
Enacting section 1 of Act 325 of 2010 provides:
"Enacting section 1. (1) Except as provided in subsection (2), this amendatory act takes effect April 1, 2010.
"(2) Section 3207 of the estates and protected individuals code, 1998 PA 386, MCL 700.3207, as amended by this amendatory act, takes effect on the date this amendatory act is enacted into law."
PopularName Notes:
EPIC
Notes of Decisions
Cited in
12
cases (
7 in the last 5 years), 2012–2025 · leading case:
in Re Mardigian Est., 879 N.W.2d 313 (Mich. Ct. App. 2015).
in Re Mardigian Est., 879 N.W.2d 313 (Mich. Ct. App. 2015).
“7410(1), governing trusts, which provides: In addition to the methods of termination prescribed by [MCL 700.7411 to MCL 700.7414], a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved, or the…”
In re Draves Trust, 828 N.W.2d 83 (Mich. Ct. App. 2012).
· cites it 2× “MCL 700.7411, the current MTC provision regarding the modification of trusts, provides, in part: (1) Subject to subsection (2), a noncharitable irrevocable trust may be modified or terminated in any of the following ways: (a) By the court upon the consent of the trustee and the…”
in Re Pearl Franzel Irrevocable Trust (Mich. Ct. App. 2018).
· cites it 8× “Appellant also maintained that Timmerman had to seek court approval of any modification to the Trust under MCL 700.7411(1)(a) and that even if she had, the amendment to the Trust would not have been approved because it was inconsistent with the material purpose of the Trust.”
in Re Pearl Franzel Irrevocable Trust (Mich. Ct. App. 2018).
· cites it 8× “Appellant also maintained that Timmerman had to seek court approval of any modification to the Trust under MCL 700.7411(1)(a) and that even if she had, the amendment to the Trust would not have been approved because it was inconsistent with the material purpose of the Trust.”
In Re Special Needs Trust Fbo Talonda Moss (Mich. Ct. App. 2022).
· cites it 4× “116(C)(10), contending that MCL 700.7411 precludes termination of the irrevocable trust without the consent of the trustee and that MCL 700.”
In Re Charles C Kalbach & Betty J Kalbach Trust (Mich. Ct. App. 2025).
· cites it 3× “MCL 700.7411(1) permits a court to terminate or modify a noncharitable, irrevocable trust under certain conditions: (a) By the court on the consent of the trustee and the qualified trust beneficiaries, if the court concludes that the modification or termination of the trust -8-…”
In Re Edward & Elaine Jaye Trust (Mich. Ct. App. 2022).
· cites it 2× “] MCL 700.7411(3) provides, in turn: Notice of any proceeding to terminate or modify a trust must be given to the settlor, the settlor’s representative if the petitioner has a reasonable basis to believe the settlor is an incapacitated individual, the trust director, if any, a…”
In Re Edward & Elaine Jaye Trust (Mich. Ct. App. 2022).
· cites it 2× “] MCL 700.7411(3) provides, in turn: Notice of any proceeding to terminate or modify a trust must be given to the settlor, the settlor’s representative if the petitioner has a reasonable basis to believe the settlor is an incapacitated individual, the trust director, if any, a…”
In Re Chandu Mansharamani Living Trust (Mich. Ct. App. 2022).
“7410(1) (providing that the court may terminate the trust if the purpose of the trust no longer exists or becomes impossible to achieve); MCL 700.7411 (providing bases and processes for modification or termination of a noncharitable irrevocable trust); MCL 700.”
In Re Herbert Irrevocable Fam. Trust (Mich. Ct. App. 2025).
“2 Petitioners have also abandoned any argument that the agreement could have been enforced under MCL 700.7411, which provides for the modification or termination of an irrevocable, noncharitable trust.”
— Mich. Comp. Laws § 700.7411(1) — 1 case
In Re Charles C Kalbach & Betty J Kalbach Trust (Mich. Ct. App. 2025).
“MCL 700.7411(1) permits a court to terminate or modify a noncharitable, irrevocable trust under certain conditions: (a) By the court on the consent of the trustee and the qualified trust beneficiaries, if the court concludes that the modification or termination of the trust -8-…”
— Mich. Comp. Laws § 700.7411(1)(a) — 2 cases
in Re Pearl Franzel Irrevocable Trust (Mich. Ct. App. 2018).
“Appellant also maintained that Timmerman had to seek court approval of any modification to the Trust under MCL 700.7411(1)(a) and that even if she had, the amendment to the Trust would not have been approved because it was inconsistent with the material purpose of the Trust.”
in Re Pearl Franzel Irrevocable Trust (Mich. Ct. App. 2018).
“Appellant also maintained that Timmerman had to seek court approval of any modification to the Trust under MCL 700.7411(1)(a) and that even if she had, the amendment to the Trust would not have been approved because it was inconsistent with the material purpose of the Trust.”
— Mich. Comp. Laws § 700.7411(2) — 1 case
In re Draves Trust, 828 N.W.2d 83 (Mich. Ct. App. 2012).
“MCL 700.7411, the current MTC provision regarding the modification of trusts, provides, in part: (1) Subject to subsection (2), a noncharitable irrevocable trust may be modified or terminated in any of the following ways: (a) By the court upon the consent of the trustee and the…”
— Mich. Comp. Laws § 700.7411(3) — 3 cases
In Re Edward & Elaine Jaye Trust (Mich. Ct. App. 2022).
“] MCL 700.7411(3) provides, in turn: Notice of any proceeding to terminate or modify a trust must be given to the settlor, the settlor’s representative if the petitioner has a reasonable basis to believe the settlor is an incapacitated individual, the trust director, if any, a…”
In Re Edward & Elaine Jaye Trust (Mich. Ct. App. 2022).
“] MCL 700.7411(3) provides, in turn: Notice of any proceeding to terminate or modify a trust must be given to the settlor, the settlor’s representative if the petitioner has a reasonable basis to believe the settlor is an incapacitated individual, the trust director, if any, a…”
In Re Charles C Kalbach & Betty J Kalbach Trust (Mich. Ct. App. 2025).
“MCL 700.7411(1) permits a court to terminate or modify a noncharitable, irrevocable trust under certain conditions: (a) By the court on the consent of the trustee and the qualified trust beneficiaries, if the court concludes that the modification or termination of the trust -8-…”
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