Arkansas § 28-73-411 Modification or termination of noncharitable irrevocable trust by consent

Arkansas Statutes

§ 28-73-411 — Modification or termination of noncharitable irrevocable trust by consent

Arkansas § 28-73-411

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This text of Arkansas § 28-73-411 (Modification or termination of noncharitable irrevocable trust by consent) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 28-73-411 (2026).

Text

(a)(1) A noncharitable irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust.

(2)A settlor's power to consent to a trust's modification or termination may be exercised by:

(A)an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust;

(B)the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or (C) 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:

(1)terminated upon

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(a) (1) A noncharitable irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust. (2) A settlor's power to consent to a trust's modification or termination may be exercised by: (A) an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust; (B) the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or (C) 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: (1) terminated upon consent of all of the beneficiaries if a court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust; or (2) modified upon consent of all of the beneficiaries if a 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), 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), the modification or termination may be approved by a 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.