75-7-412 - Modification or termination because of unanticipated circumstances or inability to administer trust effectively.
75-7-412. Modification or termination because of unanticipated circumstances orinability to administer trust effectively.
(1) The court may modify the administrative or dispositive terms of a trust or terminatethe trust if, because of circumstances not anticipated by the settlor, modification or terminationwill further the purposes of the trust. To the extent practicable, the modification must be made inaccordance with the settlor's probable intention.
(2) The court may modify the administrative terms of a trust if continuation of the truston its existing terms would be impracticable or wasteful or impair the trust's administration.
(3) Upon termination of a trust under this section, the trustee shall distribute the trustproperty as directed by the court or otherwise in a manner consistent with the purposes of thetrust.
Enacted by Chapter 89, 2004 General Session