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Current as of January 01, 2025 | Updated by Findlaw Staff
A. A noncharitable irrevocable trust may be terminated on consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified on consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.
B. On termination of a trust under subsection A, the trustee shall distribute the trust property as agreed by the beneficiaries.
C. If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection A, the modification or termination may be approved by the court if the court is satisfied that:
1. If all of the beneficiaries had consented, the trust could have been modified or terminated under this section.
2. The interests of a beneficiary who does not consent will be adequately protected.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 14. Trusts, Estates and Protective Proceedings § 14-10411. Modification or termination of noncharitable irrevocable trust by consent - last updated January 01, 2025 | https://codes.findlaw.com/az/title-14-trusts-estates-and-protective-proceedings/az-rev-st-sect-14-10411/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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