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Q: Amending an Inter Vivos Trust ( Answered,   1 Comment )
Question  
Subject: Amending an Inter Vivos Trust
Category: Relationships and Society > Law
Asked by: triplenickel-ga
List Price: $10.00
Posted: 27 Apr 2003 10:51 PDT
Expires: 27 May 2003 10:51 PDT
Question ID: 196164
Is the power to withdraw in whole or part the same as the power to
revoke in whole or part?  Generally, the power to revoke in whole or
part implies the power of modification. Does the power to withdraw in
whole or part imply the settlor of a trust would also have legal
authority to alter, amend or modify the terms of a trust that is
silent regarding revocability?
Answer  
Subject: Re: Amending an Inter Vivos Trust
Answered By: serenata-ga on 27 Apr 2003 11:48 PDT
 
Hello Triplenickel ~

Please remember the disclaimer at the bottom of every Google Answers
question: "Answers and comments provided on Google Answers are general
information, and are not intended to substitute for informed
professional ... advice." I am not an attorney and this is not
intended to be legal advice.

An Inter Vivos Trust (or Living Will) is established during the
lifetime of the settlor to become effective in his lifetime, as
contrasted to a testamentary trust which takes effect at the death of
the settlor.

Since the settlor is still alive, and since you didn't say the trust
was irrevocable, the "power to withdraw in whole or part" would refer
to any property placed in the trust or, depending on the language of
the trust, presumably to withdraw the trust entirely.

There are usually valid tax and other financial considerations
(usually associated with preservation of property and avoidance of
probate) to establishing an Inter Vivos Trust, which may or may not be
the case here. Therefore, this information here is simply in answer to
your question above, and should not be construed as legal advice.

Some additional information on trusts and estate planning can be found
here:

 - Fifty-five plus (thought you might enjoy the irony of "that" name)
"Executors and Trustees: Knocking Down Old Myths"
   - http://www.fifty-five-plus.com/finance/estate/oct0025.htm

 - CIBC Wood Bundy Education - "Establishment of Trusts"
   - http://www.cibcwoodgundy.com/education/tax-estate/trusts.html

 - US Law.com - Understanding Trusts
   - http://www.uslaw.com/library/article/bprWhatIsTrust.html?area_id=14


Search terms:
 - Estate planning + inter vivos trusts
 - Inter Vivos Trusts
 - Inter Vivos Trusts + withdrawal
 - Inter Vivos Trusts + revocation

Hope this helps,
Serenata
Google Answers Researcher
Comments  
Subject: Re: Amending an Inter Vivos Trust
From: richard-ga on 27 Apr 2003 20:18 PDT
 
The answer may vary depending on what state's or nation's law applies
to the trust but generally, a trust is irrevocable unless the settlor
retains an express power of revocation.  And the power that you have
here to withdraw in whole or in part might still have to be exercised
in a fiduciary capacity (it would help to know the exact words used in
the instrument).  So given those two considerations, it may well be
that the trust is not subject to amendment or revocation merely
because it allows some sort of power to withdraw.
Google Answers Researcher
Richard-ga

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