Neb. Rev. Stat. » Chapter 30
Nebraska Revised Statutes

Neb. Rev. Stat. § 30-3838 (2026)

(UTC 412) Modification or termination because of unanticipated circumstances or inability to administer trust effectively

✓ current as of July 2026
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(UTC 412) (a) 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 must be made in accordance with the settlor's probable intention.

(b) 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.

(c) 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.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2018–2023 · leading case: In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019).
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In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019). · cites it 12× “Neb. Rev. Stat. § 30-3838 (Reissue 2016) broadens the court’s ability to apply equitable deviation to modify a trust.”
In re Trust of Shire, 299 Neb. 25 (Neb. 2018). · cites it 9× “plain language of the Trust did not permit an increased distribution; § 30-3837(b) did not authorize a modification, because not all beneficiaries had consented; § 30-3837(e) did not permit a modification, because increasing Gronin’s annual payments would have a detrimental…”
In re Trust of Wegener (Neb. Ct. App. 2023). · cites it 4× “§ 30-3811 (Reissue 2016) approving Amendments I and II to the Special Needs Trust as nonjudicial settlement agreements and enter a declaratory judgment that she was the trustee, or in the alternative, modify the trust pursuant to Neb. Rev. Stat. § 30-3838 (a) and (b) (Reissue…”
— Neb. Rev. Stat. § 30-3838(a) — 2 cases
In re Trust of Shire, 299 Neb. 25 (Neb. 2018). “plain language of the Trust did not permit an increased distribution; § 30-3837(b) did not authorize a modification, because not all beneficiaries had consented; § 30-3837(e) did not permit a modification, because increasing Gronin’s annual payments would have a detrimental…”
In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019). “Neb. Rev. Stat. § 30-3838 (Reissue 2016) broadens the court’s ability to apply equitable deviation to modify a trust.”
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