58a-602.Revocation or amendment of revocabletrust.(a) Unless the terms of a trust expressly provide that the trust isirrevocable, the settlor may revoke or amend the trust. This subsection doesnot apply to a trust created under an instrument executed before January 1,2003.
(b) If a revocable trust is created or funded by more than one settlor:
(1) To the extent the trust consists of community property, the trust maybe revoked by either spouse acting alone but may be amended only by jointaction of both spouses;
(2) to the extent the trust consists of property other than communityproperty, each settlor may revoke or amend the trust with regard to the portionof the trust property attributable to that settlor's contribution; and
(3) upon the revocation or amendment of the trust by fewer than all of thesettlors, the trustee shall promptly notify the other settlors of therevocation or amendment.
(c) The settlor may revoke or amend a revocable trust:
(1) By substantial compliance with a method provided in the terms of thetrust; or
(2) if the terms of the trust do not provide a method or the method providedin the terms is not expressly made exclusive, by:
(A) A later will or codicil that expressly refers to the trust orspecifically devises property that would otherwise have passed according to theterms of the trust; or
(B) any other method manifesting clear and convincing evidence of thesettlor's intent.
(d) Upon revocation of a revocable trust, the trustee shall deliver the trustproperty as the settlor directs.
(e) A settlor's powers with respect to revocation, amendment, or distributionof trust property may be exercised by an attorney in fact under a power ofattorney only to the extent expressly authorized by the power of attorney.
(f) A conservator of the settlor may exercise a settlor's powers with respectto revocation, amendment, or distribution of trust property only with theapproval of the court supervising the conservatorship.
(g) A trustee who does not know that a trust has been revoked or amendedis not liable to the settlor or settlor's successors in interest fordistributions made and other actions taken on the assumption that the trust hadnot been amended or revoked.
History: L. 2002, ch. 133, § 46;L. 2003, ch. 58, § 17;L. 2004, ch. 158, § 9; July 1.
58a-602.Revocation or amendment of revocabletrust.(a) Unless the terms of a trust expressly provide that the trust isirrevocable, the settlor may revoke or amend the trust. This subsection doesnot apply to a trust created under an instrument executed before January 1,2003.
(b) If a revocable trust is created or funded by more than one settlor:
(1) To the extent the trust consists of community property, the trust maybe revoked by either spouse acting alone but may be amended only by jointaction of both spouses;
(2) to the extent the trust consists of property other than communityproperty, each settlor may revoke or amend the trust with regard to the portionof the trust property attributable to that settlor's contribution; and
(3) upon the revocation or amendment of the trust by fewer than all of thesettlors, the trustee shall promptly notify the other settlors of therevocation or amendment.
(c) The settlor may revoke or amend a revocable trust:
(1) By substantial compliance with a method provided in the terms of thetrust; or
(2) if the terms of the trust do not provide a method or the method providedin the terms is not expressly made exclusive, by:
(A) A later will or codicil that expressly refers to the trust orspecifically devises property that would otherwise have passed according to theterms of the trust; or
(B) any other method manifesting clear and convincing evidence of thesettlor's intent.
(d) Upon revocation of a revocable trust, the trustee shall deliver the trustproperty as the settlor directs.
(e) A settlor's powers with respect to revocation, amendment, or distributionof trust property may be exercised by an attorney in fact under a power ofattorney only to the extent expressly authorized by the power of attorney.
(f) A conservator of the settlor may exercise a settlor's powers with respectto revocation, amendment, or distribution of trust property only with theapproval of the court supervising the conservatorship.
(g) A trustee who does not know that a trust has been revoked or amendedis not liable to the settlor or settlor's successors in interest fordistributions made and other actions taken on the assumption that the trust hadnot been amended or revoked.
History: L. 2002, ch. 133, § 46;L. 2003, ch. 58, § 17;L. 2004, ch. 158, § 9; July 1.
58a-602.Revocation or amendment of revocabletrust.(a) Unless the terms of a trust expressly provide that the trust isirrevocable, the settlor may revoke or amend the trust. This subsection doesnot apply to a trust created under an instrument executed before January 1,2003.
(b) If a revocable trust is created or funded by more than one settlor:
(1) To the extent the trust consists of community property, the trust maybe revoked by either spouse acting alone but may be amended only by jointaction of both spouses;
(2) to the extent the trust consists of property other than communityproperty, each settlor may revoke or amend the trust with regard to the portionof the trust property attributable to that settlor's contribution; and
(3) upon the revocation or amendment of the trust by fewer than all of thesettlors, the trustee shall promptly notify the other settlors of therevocation or amendment.
(c) The settlor may revoke or amend a revocable trust:
(1) By substantial compliance with a method provided in the terms of thetrust; or
(2) if the terms of the trust do not provide a method or the method providedin the terms is not expressly made exclusive, by:
(A) A later will or codicil that expressly refers to the trust orspecifically devises property that would otherwise have passed according to theterms of the trust; or
(B) any other method manifesting clear and convincing evidence of thesettlor's intent.
(d) Upon revocation of a revocable trust, the trustee shall deliver the trustproperty as the settlor directs.
(e) A settlor's powers with respect to revocation, amendment, or distributionof trust property may be exercised by an attorney in fact under a power ofattorney only to the extent expressly authorized by the power of attorney.
(f) A conservator of the settlor may exercise a settlor's powers with respectto revocation, amendment, or distribution of trust property only with theapproval of the court supervising the conservatorship.
(g) A trustee who does not know that a trust has been revoked or amendedis not liable to the settlor or settlor's successors in interest fordistributions made and other actions taken on the assumption that the trust hadnot been amended or revoked.
History: L. 2002, ch. 133, § 46;L. 2003, ch. 58, § 17;L. 2004, ch. 158, § 9; July 1.
