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Question 1
Alyssa established a trust several years ago, for the benefit of her son, Murray. When she recently prepared her will, she included a clause that would allow her to revoke or modify the trust, since she had forgotten to add it to the trust agreement. Three months later when Alyssa attempts to modify the trust she is able to do so.
Correct
Incorrect!
Correct Generally, if the settlor has not expressly reserved the power to revoke or modify a trust, the power to do so does not exist. Also, the will is ineffective to modify or revoke the trust, unless the trust instrument allows it. Here, Alyssa did not include a clause in the trust agreement that would allow her to modify or revoke the trust. Her inclusion of the clause in her will was not an effective substitute. As such, she will not be able to make this change.
Incorrect! Generally, if the settlor has not expressly reserved the power to revoke or modify a trust, the power to do so does not exist. Also, the will is ineffective to modify or revoke the trust, unless the trust instrument allows it. Here, Alyssa did not include a clause in the trust agreement that would allow her to modify or revoke the trust. Her inclusion of the clause in her will was not an effective substitute. As such, she will not be able to make this change.
Question 2
Alyssa established a trust several years ago, for the benefit of her son, Murray. She picked her brother, Delbert, to be the trustee. The trust agreement gave Delbert very limited powers in administering the trust. He had to maintain the strict formula of distributions to Murray. The trust was to terminate on its own when Murray reached the age of 30. When Murray was 24 years old, he asked Delbert to increase the income he received from the trust because he wanted to go to graduate school and needed the extra money for living expenses.
Correct
Incorrect!
Correct The trustee's power comes from the trust agreement. As such, the agreement must expressly confer on the trustee the power to modify the trust. Here, the trust agreement was very strict about how much money Murray was to receive, thereby taking away Delbert's discretion. Accordingly, Delbert does not have the authority to increase the income to Murray.
Incorrect! The trustee's power comes from the trust agreement. As such, the agreement must expressly confer on the trustee the power to modify the trust. Here, the trust agreement was very strict about how much money Murray was to receive, thereby taking away Delbert's discretion. Accordingly, Delbert does not have the authority to increase the income to Murray.
Correct
Incorrect!
Question 3
Theresa established a trust for the benefit of the issue of her brother, Milton. At the time the trust was created, Milton had three children, Arlene, Olivia and Ida. Each was to receive a certain percentage of the income from the trust. Two years after the trust's creation, Ida wanted to terminate the trust and receive her portion of the principal. So, after getting the consent of Arlene and Olivia, she asked the trustee (her uncle Gary) to terminate the trust. Gary can terminate the trust.
Correct
Incorrect!
Correct If the beneficiaries want to compel termination of the trust, all the beneficiaries must consent and the proposed termination cannot defeat the settlor's material purpose in establishing the trust. The consent of all beneficiaries is needed, including all potential beneficiaries. Here, Milton is still alive at the time Ida and her siblings want to terminate the trust. As such, he could have additional children. Since it is impossible to get their consent at this time, Gary is not authorized to terminate the trust.
Incorrect! If the beneficiaries want to compel termination of the trust, all the beneficiaries must consent and the proposed termination cannot defeat the settlor's material purpose in establishing the trust. The consent of all beneficiaries is needed, including all potential beneficiaries. Here, Milton is still alive at the time Ida and her siblings want to terminate the trust. As such, he could have additional children. Since it is impossible to get their consent at this time, Gary is not authorized to terminate the trust.
Question 4
Rebecca established a trust "income to Tonya for life, and on her death to distribute the principal to Wade." Due to inflation, the amount Tonya receives is insufficient to support her. The court will allow the trustee to supplement Tonya's income with principal.
Correct
Incorrect!
Correct Generally, courts will step in to direct the trustee regarding administrative provisions of the trust. Regarding distributive provisions, the courts take a more hands off approach. Here, to invade the principal to supplement Tonya's income stream would affect a distributive provision. Since no provision allows the invasion of principal for Tonya's benefit, the court would not permit the trustee to distribute any principal for Tonya's benefit because this change would affect Wade's share of the trust.
Incorrect! Generally, courts will step in to direct the trustee regarding administrative provisions of the trust. Regarding distributive provisions, the courts take a more hands off approach. Here, to invade the principal to supplement Tonya's income stream would affect a distributive provision. Since no provision allows the invasion of principal for Tonya's benefit, the court would not permit the trustee to distribute any principal for Tonya's benefit because this change would affect Wade's share of the trust.