(UTC 411) (a) If, upon petition, the court finds that the settlor and all beneficiaries consent to the modification or termination of a noncharitable irrevocable trust, the court shall approve the modification or termination even if the modification or termination is inconsistent with a material purpose of the trust. A settlor's power to consent to a trust's modification or termination may be exercised by an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust; by the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or by the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed.
(b) A noncharitable 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 noncharitable 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) A spendthrift provision in the terms of the trust is presumed to constitute a material purpose of the trust.
(d) Upon termination of a trust under subsection (a) or (b) of this section, the trustee shall distribute the trust property as agreed by the beneficiaries.
(e) If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection (a) or (b) of this section, 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
9
cases (
2 in the last 5 years), 2018–2023 · leading case:
In re Trust of Shire, 299 Neb. 25 (Neb. 2018).
In re Trust of Shire, 299 Neb. 25 (Neb. 2018).
· cites it 31× “Under Neb. Rev. Stat. § 30-3837 (b) (Reissue 2016), the party seeking a modification of a trust must affirmatively demonstrate that all beneficiaries have consented to the modification.”
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019).
· cites it 26× “593 commence a proceeding to approve or disapprove a proposed modi- fication or termination under Neb. Rev. Stat. §§ 30-3837 to 30-3842 (Reissue 2016).”
Paxton v. Paxton, 989 N.W.2d 420 (Neb. 2023).
· cites it 3× “The parties recognized that in order to effectuate the transfer of the Trust’s undivided one- half interest in the 2,200 acres, a petition would have to be filed pursuant to Neb. Rev. Stat. § 30-3837 (b) (Reissue 2016) for the court to approve the modification to the Trust upon…”
In re Est. of Barger, 303 Neb. 817 (Neb. 2019).
· cites it 2× “However, it is an elementary rule that the provisions of a will take effect and become operative at the time of the death of the testator.”
In re Gale L. Tuttle Revocable Trust (Neb. Ct. App. 2020).
· cites it 2× “With respect to B&B Farms’ request to modify the trust, the court found that the requirements for modifying a trust pursuant to Neb. Rev. Stat. § 30-3837 (b) (Reissue 2016) were not satisfied because not all of the beneficiaries of the trust had consented to modification and the…”
In re Trust of Wegener (Neb. Ct. App. 2023).
· cites it 2× “Further, in the event that this court agrees that there was no valid nonjudicial settlement agreement, the Appellants request that this court consider the following assignments of error: that the Special Needs Trust was not subject to modification pursuant to § 30-3837 which…”
— Neb. Rev. Stat. § 30-3837(a) — 2 cases
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019).
“593 commence a proceeding to approve or disapprove a proposed modi- fication or termination under Neb. Rev. Stat. §§ 30-3837 to 30-3842 (Reissue 2016).”
In re Trust of Shire, 299 Neb. 25 (Neb. 2018).
“Under Neb. Rev. Stat. § 30-3837 (b) (Reissue 2016), the party seeking a modification of a trust must affirmatively demonstrate that all beneficiaries have consented to the modification.”
— Neb. Rev. Stat. § 30-3837(b) — 3 cases
In re Trust of Shire, 299 Neb. 25 (Neb. 2018).
“Under Neb. Rev. Stat. § 30-3837 (b) (Reissue 2016), the party seeking a modification of a trust must affirmatively demonstrate that all beneficiaries have consented to the modification.”
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019).
“593 commence a proceeding to approve or disapprove a proposed modi- fication or termination under Neb. Rev. Stat. §§ 30-3837 to 30-3842 (Reissue 2016).”
Paxton v. Paxton, 989 N.W.2d 420 (Neb. 2023).
“The parties recognized that in order to effectuate the transfer of the Trust’s undivided one- half interest in the 2,200 acres, a petition would have to be filed pursuant to Neb. Rev. Stat. § 30-3837 (b) (Reissue 2016) for the court to approve the modification to the Trust upon…”
— Neb. Rev. Stat. § 30-3837(e) — 2 cases
In re Trust of Shire, 299 Neb. 25 (Neb. 2018).
“Under Neb. Rev. Stat. § 30-3837 (b) (Reissue 2016), the party seeking a modification of a trust must affirmatively demonstrate that all beneficiaries have consented to the modification.”
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019).
“593 commence a proceeding to approve or disapprove a proposed modi- fication or termination under Neb. Rev. Stat. §§ 30-3837 to 30-3842 (Reissue 2016).”
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