Mich. Comp. Laws » Michigan Compiled Laws / Chapter 700 / Act 386 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 700.7412 (2026)

Modification or termination of trust; unanticipated circumstances or inability to administer effectively.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.7412 Modification or termination of trust; unanticipated circumstances or inability to administer effectively.

Sec. 7412.

    (1) 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.

    (2) 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 settlor's stated purpose or, if there is no stated purpose, the settlor's probable intention.

    (3) If a trust is terminated under this section, the trustee shall distribute the trust property as ordered by the court.

    (4) Notice of any proceeding to terminate or modify a trust shall be given in the manner described in section 7411(3).

History: Add. 2009, Act 46, Eff. Apr. 1, 2010

PopularName Notes:

EPIC
Notes of Decisions
Cited in 15 cases (10 in the last 5 years), 2017–2025 · leading case: In Re Special Needs Trust Fbo Talonda Moss (Mich. Ct. App. 2022).
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In Re Special Needs Trust Fbo Talonda Moss (Mich. Ct. App. 2022). · cites it 16× “7411 precludes termination of the irrevocable trust without the consent of the trustee and that MCL 700.7412 does not permit either termination or modification of the trust “because doing so would not advance the stated purpose of the Trust to provide protection of the assets…”
In Re Herbert Irrevocable Fam. Trust (Mich. Ct. App. 2025). · cites it 10× “7111 and MCL 700.7412 because the agreement was contrary to the settlor’s intent, violated the material purpose of the trust, and was based on a mutual mistake of fact.”
In Re Chandu Mansharamani Living Trust (Mich. Ct. App. 2022). · cites it 9× “7411 (providing bases and processes for modification or termination of a noncharitable irrevocable trust); MCL 700.7412 (modification or termination of trust based on changed circumstances, impracticality, or termination in furtherance of settlor’s stated purpose or probable…”
Jcp Trust V Peter E O'Dovero (Mich. Ct. App. 2022). · cites it 5× “7410 and MCL 700.7412. In pertinent part, MCL 700.”
in Re Paul v. Izydorek Trust (Mich. Ct. App. 2018). · cites it 3× “MCL 700.7412 provides that the probate court has power to modify a trust if continuing it would be impractical, wasteful, or impair the trust’s administration.”
in Re Paul v. Izydorek Trust (Mich. Ct. App. 2018). · cites it 3× “MCL 700.7412 provides that the probate court has power to modify a trust if continuing it would be impractical, wasteful, or impair the trust’s administration.”
In Re Edward & Elaine Jaye Trust (Mich. Ct. App. 2022). · cites it 3× “MCL 700.7412 of the EPIC governs the termination of trusts as follows: (1) 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.”
In Re Edward & Elaine Jaye Trust (Mich. Ct. App. 2022). · cites it 3× “MCL 700.7412 of the EPIC governs the termination of trusts as follows: (1) 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.”
in Re Duncan Park Trust (Mich. Ct. App. 2017). · cites it 2× “MCL 700.7412(1). This Court holds that continuation of the Duncan Park Trust on its current terms would be highly impracticable for several reasons.”
in Re Robert E Whitton Revocable Trust (Mich. Ct. App. 2018). · cites it 2× “Petitioner similarly argues on appeal that her petition did not seek to modify the trust; rather, the petition “anticipated a possible future petition to modify the trust” under MCL 700.7412(2)3 if such a petition were deemed not to violate the in terrorem clause.”
in Re Robert E Whitton Revocable Trust (Mich. Ct. App. 2018). · cites it 2× “Petitioner similarly argues on appeal that her petition did not seek to modify the trust; rather, the petition “anticipated a possible future petition to modify the trust” under MCL 700.7412(2)3 if such a petition were deemed not to violate the in terrorem clause.”
20250129_C363892_70_363892.Opn.Pdf (Mich. Ct. App. 2025). · cites it 2× “7415 and MCL 700.7412. Appellants moved for summary disposition under MCR 2.”
Show all 15 citing cases →
— Mich. Comp. Laws § 700.7412(1) — 3 cases
in Re Duncan Park Trust (Mich. Ct. App. 2017). “MCL 700.7412(1). This Court holds that continuation of the Duncan Park Trust on its current terms would be highly impracticable for several reasons.”
in Re Paul v. Izydorek Trust (Mich. Ct. App. 2018). “MCL 700.7412 provides that the probate court has power to modify a trust if continuing it would be impractical, wasteful, or impair the trust’s administration.”
in Re Paul v. Izydorek Trust (Mich. Ct. App. 2018). “MCL 700.7412 provides that the probate court has power to modify a trust if continuing it would be impractical, wasteful, or impair the trust’s administration.”
— Mich. Comp. Laws § 700.7412(2) — 11 cases
In Re Special Needs Trust Fbo Talonda Moss (Mich. Ct. App. 2022). “7411 precludes termination of the irrevocable trust without the consent of the trustee and that MCL 700.7412 does not permit either termination or modification of the trust “because doing so would not advance the stated purpose of the Trust to provide protection of the assets…”
In Re Chandu Mansharamani Living Trust (Mich. Ct. App. 2022). “7411 (providing bases and processes for modification or termination of a noncharitable irrevocable trust); MCL 700.7412 (modification or termination of trust based on changed circumstances, impracticality, or termination in furtherance of settlor’s stated purpose or probable…”
Jcp Trust V Peter E O'Dovero (Mich. Ct. App. 2022). “7410 and MCL 700.7412. In pertinent part, MCL 700.”
in Re Robert E Whitton Revocable Trust (Mich. Ct. App. 2018). “Petitioner similarly argues on appeal that her petition did not seek to modify the trust; rather, the petition “anticipated a possible future petition to modify the trust” under MCL 700.7412(2)3 if such a petition were deemed not to violate the in terrorem clause.”
in Re Robert E Whitton Revocable Trust (Mich. Ct. App. 2018). “Petitioner similarly argues on appeal that her petition did not seek to modify the trust; rather, the petition “anticipated a possible future petition to modify the trust” under MCL 700.7412(2)3 if such a petition were deemed not to violate the in terrorem clause.”
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