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Using Material Purpose Provisions In Trusts to Uphold Settlor Intent

Prevent unwanted modification, termination or reformation.

The Uniform Trust Code (UTC)1 has broadened the circumstances under which an irrevocable trust can be modified, terminated or reformed.2 While the UTC’s liberalization of these processes can be helpful in situations like a change in trust situs, a change in federal or state tax law or the settlement of a trust dispute, it’s become necessary to draft trust provisions that, when read together, will uphold settlor intent when the settlor wants to prevent an unwanted

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