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Trusts (Creation (Modification: What happens depends on the party seeking…

- - - - Modification conflicts with a material purpose of the trust; settlor's consent required
      - If all the beneficiaries do not agree, a court may modify or terminate a trust when:
        
        the trust could have been modified if all beneficiaries had consented AND
        
        the interests of any non-consenting beneficiaries will be adequately protected
- - - - an inter vivos trust created by transfer of property during the settlor's lifetime
      - a testamentary trust created by a will. In addition, "pour over" provisions in a will are allowed. Pour over provisions direct the transfer of property into a trust established either by the testator during his lifetime or by another person rather than creating a brand-new trust
      - an inter vivos trust created by a declaration of trust by the property owner, stating the trustee holds the property as trustee in trust