WebCredenza 2025 Fixing trusts: Decanting, reformation and other tools explained

Not every irrevocable trust ends up serving its intended purpose or is financially viable.  Many unforeseen events can and do occur – tax laws change, family circumstance change – sometimes dramatically, or there can be d a deep downturn in a family business.  In these and many other circumstances trusts are broken and need to be “fixed” – fiduciary powers adjusted, distributions policies modified, trusts divided or merged, or even terminated.  The process of accomplishing these fixes are necessarily limited and come with risks, including tax liability and potentially liability to future beneficiaries. This program will provide you with a practical guide to techniques for fixing broken irrevocable trusts.

• Trust reformation by agreement of all stakeholder or by court order
• Principal and income adjustment powers under the UPIA
• Techniques for converting a trust from one type to another
• Use of “decanting” to terminate trusts and distribute assets when the trust is not viable
• Framework of tax considerations when trusts are restructured or terminated

This program may be offered on multiple dates. You may only claim MCLE credit for one showing. 

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.