Section 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 shall be made in accordance with the settlor's probable intent.
(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.
Procedural advisory commentary (2013)
Under § 412, the court may now 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. See MUTC at § 412(a).
The court may also modify the administrative terms of a trust if continuation of the trust under such terms would be impracticable, wasteful or impair a trust’s administration. See MUTC at § 412(b).
Form update
To terminate a trust under § 412(a), a Petition to Terminate a Trust (MPC 267) and a proposed Decree and Order to Terminate a Trust (MPC 783) may be filed. A General Trust Petition (MPC 201) and a proposed Decree and Order of General Probate/Trust Petition (MPC 792) may be used to initiate an action to modify a trust. Notice shall be as provided in § 109 of the MUTC.