§ 9:2031 — Delegation of right to modify

§2031. Delegation of right to modify
A. A trust instrument may authorize a person who is in being on the date of the
creation of the trust to modify the provisions of the trust instrument in order to add or remove
beneficiaries, or modify their rights, if all of the affected beneficiaries are descendants of the
person given the power to modify. A beneficiary added pursuant to this Section may be a
person who is not in being when the trust is created, provided the individual is in being at the
time the power to add is exercised.
B. As to a class trust, a trust instrument may authorize a person who is in being on
the date of the creation of the trust, or a person who is not yet in being but is a member of the
class, to modify the provisions of the trust instrument in order to remove beneficiaries or
modify their rights or add only those beneficiaries included within the scope of R.S. 9:1891,
if all of the affected beneficiaries are descendants of the person given the power to modify.

Legislative History

Acts 2010, No. 390, §1; Acts 2015, No. 219, §1.