DET Grant Practice Test

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Is beneficiary agreement a basis for modifying any provision in an irrevocable trust?

ONLY WHEN THE BENEFICIARIES CONSENT

NO

In an irrevocable trust, you can’t modify provisions simply because the beneficiaries all agree. A modification generally requires a formal process—either the consent of all beneficiaries with a modification that does not impair the trust’s material purpose, or a court order under applicable trust statutes. The trustee cannot unilaterally make changes based on beneficiary agreement alone. So, beneficiary agreement by itself is not a basis for modifying the trust.

YES

ONLY IF THE TRUSTEE AGREES

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