§ 602. Revocation or amendment of revocable trust
(a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor
may revoke or amend the trust. This subsection does not apply to a trust created under
an instrument executed before the effective date of this title.
(b) If a revocable trust is created or funded by more than one settlor:
(1) to the extent the trust consists of community property or property held by tenants
by the entirety when added to the trust, the trust may be revoked by either spouse
acting alone but may be amended only by joint action of both spouses;
(2) to the extent the trust consists of property other than community property or property
held by tenants by the entirety when added to the trust, each settlor may revoke or
amend the trust with regard to the portion of the trust property attributable to that
settlor’s contribution; and
(3) upon the revocation or amendment of the trust by fewer than all of the settlors, the
trustee shall notify the other settlors of the revocation or amendment.
(c) The settlor may revoke or amend a revocable trust:
(1) by substantial compliance with a method provided in the terms of the trust; or
(2) if the terms of the trust do not provide a method or the method provided in the terms
is not expressly made exclusive, by:
(A) executing a later will or codicil that expressly refers to and revokes or amends the
trust or specifically devises or bequeaths specific property that would otherwise
have passed according to the terms of the trust, or
(B) any other method manifesting clear and convincing evidence of the settlor’s intent.
(d) Upon revocation of a revocable trust, the trustee shall deliver the trust property
as the settlor directs, but with respect to community property or property held by
tenants by the entirety when added to the trust under subdivision (b)(1) of this section,
the trustee shall deliver one half of the property to each spouse unless the governing
instrument specifically states otherwise.
(e) A settlor’s powers with respect to revocation, amendment, or distribution of trust
property may be exercised by an agent under a power of attorney only to the extent
expressly authorized by the terms of the trust or the power.
(f) A guardian of the property of the settlor or, if no guardian of the property has been
appointed, a guardian of the person of the settlor may exercise a settlor’s powers
with respect to revocation, amendment, or distribution of trust property only with
the approval of the Probate Division of the Superior Court supervising the guardianship.
(g) A trustee who does not have actual knowledge that a trust has been revoked or amended
is not liable for distributions made and other actions taken on the assumption that
the trust had not been amended or revoked. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. February 1, 2011.)
§ 604. Limitation on action contesting validity of revocable trust; distribution of trust
property
(a) A person may commence a judicial proceeding to contest the validity of a trust that
was revocable immediately before the settlor’s death within the earlier of:
(1) three years after the settlor’s death; or
(2) four months after the trustee sent the person a copy of the trust instrument and a
notice informing the person of the trust’s existence, of the trustee’s name and address,
and of the time allowed for commencing a proceeding.
(b) Upon the death of the settlor of a trust that was revocable immediately before the
settlor’s death, the trustee may proceed to distribute the trust property in accordance
with the terms of the trust. The trustee is not subject to liability for doing so
unless:
(1) the trustee has actual knowledge of a pending judicial proceeding contesting the validity
of the trust; or
(2) a potential contestant has notified the trustee in writing of a possible judicial
proceeding to contest the trust, and a judicial proceeding is commenced within 60
days after the contestant sent the notification.
(c) A beneficiary of a trust that is determined to have been invalid in whole or in part
is liable to return any distribution received to the extent that the invalidity applies
to the distribution. (Added 2009, No. 20, § 1.)