Section 13.36.360. Modification or termination of irrevocable trust by consent.

   (a) Except as otherwise provided by this section, on petition by a trustee, settlor, or beneficiary, a court may modify or terminate an irrevocable trust if all of the beneficiaries consent and if continuation of the trust on the existing terms of the trust is not necessary to further a material purpose of the trust. However, the court, in its discretion, may determine that the reason for modifying or terminating the trust under the circumstances outweighs the interest in accomplishing the material purposes of the trust. The inclusion of a restriction on the voluntary or involuntary transfer of trust interests under AS 34.40.110 may constitute a material purpose of the trust under this subsection, but is not presumed to constitute a material purpose of the trust under this subsection.
   (b) Unless otherwise provided in the trust instrument, an irrevocable trust may not be modified or terminated under this section while a settlor is also a discretionary beneficiary of the trust.
   (c) If a beneficiary other than a qualified beneficiary does not consent to a modification or termination of an irrevocable trust that is proposed by the trustee, settlor, or other beneficiaries, a court may approve the proposed modification or termination if the court determines
        (1) if all the beneficiaries had consented, the trust could have been modified or terminated under this section; and
        (2) the rights of a beneficiary who does not consent will be adequately protected or not significantly impaired.
   (d)  [Repealed, Sec. 15 ch 7 SLA 2008].  

Notes

History

(Sec. 2 ch 104 SLA 2000; am Sec. 15 ch 7 SLA 2008)