Irrevocable trusts ______ be modified without the consent of the settlor pursuant to either the Equitable Deviation Doctrine or the Claflin doctrine.

• A. ONLY WHEN THE BENEFICIARIES CONSENT
• B. CANNOT
• C. ONLY IF THE TRUSTEE AGREES
• D. CAN

Answer: (D)

An irrevocable trust can be modified without the settlor’s consent, but only in limited, court-supervised situations designed to honor the trust’s purpose despite changed circumstances. The Equitable Deviation Doctrine lets a court adjust the terms or distributions when strict compliance would defeat the settlor’s intent because of new facts or conditions, as long as the modification still serves the trust’s overall purpose. The Claflin doctrine allows modification or even termination if doing so would further the beneficiaries’ interests and not defeat the trust’s essential aim, again under court oversight. Taken together, these doctrines provide a path to adapt the trust without the settlor’s agreement when rigid adherence would be impractical or harm the beneficiaries. This is why the statement that modification can occur is correct, whereas options insisting on beneficiary consent, trustee agreement, or absolute prohibition don’t reflect these established exceptions.