(1)Unless the
terms of a trust expressly provide that the trust is irrevocable, the settlor may
revoke or amend the trust. This subsection (1) does not apply to a trust created
under an instrument executed before August 7, 2013.
(2)Unless the terms of a trust expressly provide otherwise, if a revocable
trust is created or funded by more than one settlor:
(a)To the extent the trust consists of community property, the trust may be
revoked by either spouse acting alone, with regard to the portion of the trust
property attributable to that settlor's contribution, but may be amended only by
joint action of both spouses;
(b)To the extent the trust consists of property other than community
property, each settlor may revoke or amend the trust with regard to the portion of
the trust
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(1) Unless the
terms of a trust expressly provide that the trust is irrevocable, the settlor may
revoke or amend the trust. This subsection (1) does not apply to a trust created
under an instrument executed before August 7, 2013.
(2) Unless the terms of a trust expressly provide otherwise, if a revocable
trust is created or funded by more than one settlor:
(a) To the extent the trust consists of community property, the trust may be
revoked by either spouse acting alone, with regard to the portion of the trust
property attributable to that settlor's contribution, but may be amended only by
joint action of both spouses;
(b) To the extent the trust consists of property other than community
property, each settlor may revoke or amend the trust with regard to the portion of
the trust property attributable to that settlor's contribution; and
(c) Upon the revocation or amendment of the trust by fewer than all of the
settlors, the trustee shall promptly notify the other settlors of the revocation or
amendment.
(3) The settlor may revoke or amend a revocable trust:
(a) By substantial compliance with a method provided in the terms of the
trust; or
(b) If the terms of the trust do not provide a method or the method provided
in the terms is not expressly made exclusive, by any other method manifesting
clear and convincing evidence of the settlor's intent, which may include a later will
or codicil that expressly refers to the trust or specifically devises property that
would otherwise have passed according to the terms of the trust. A provision in a
trust specifying a method to revoke or amend the trust does not make the specified
method exclusive unless the specified method is referred to as the sole,
exclusive, or only method of revoking or amending the trust or the provision
includes similar language manifesting the settlor's intent that the trust may not be
revoked or amended by any other method.
(4) Upon revocation of a revocable trust, the trustee shall deliver the trust
property as the settlor directs.
(5) A settlor's powers with respect to revocation, amendment, or distribution
of trust property may be exercised by an agent under a power of attorney only to
the extent expressly authorized by the terms of the trust or the power.
(6) Unless the terms of a trust expressly provide otherwise, or the power to
do so has been expressly granted to another person, a conservator of the settlor or,
if no conservator has been appointed, a guardian of the settlor, may exercise the
settlor's powers with respect to revocation, amendment, or distribution of trust
property, but only with the approval of the court supervising the conservatorship or
guardianship.
(7) A trustee who does not know that a trust has been revoked or amended is
not liable to the settlor or the settlor's successors in interest for distributions made
and other actions taken on the assumption that the trust has not been amended or
revoked.