A Practitioner's Toolkit for Fixing Broken Trusts

A typical estate plan often includes the use of one or more irrevocable. However, as a result of the passage of time and change in circumstances, trustees and beneficiaries are often frustrated by the constraints imposed by the trust instrument. Trust law has greatly changed over time and the terms of an existing irrevocable trust agreement may lack the flexibility necessary tot adjust to unforeseeable changes in law or other circumstances. furthermore, the terms of the trust agreement may no longer satisfy the grantor's intent.

There are several tools that are available to practitioners to amend and irrevocable agreement to better fulfill the objectives of the grantor and beneficiaries. The purpose of this outline is to highlight some of the key methods available for modifying the terms of an irrevocable trust.


Michael M. Gordon
Gordon, Fournaris & Mammarella, P.A.