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Trusts, Estates & Probate

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4.39

Making Changes to Irrevocable Trusts

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Upon Request 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Approved 3.5 Total
Kentucky CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Mississippi CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Approved 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Virginia CLE Approved 3 Total
Vermont CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Upon Request 3 Total
OnDemand
3 hours 1 minute
Randy Lish
Gary De Pury
With Randy M. Lish from Facemyer Law Firm + 1 other
Recorded May 15, 2026.
Product ID 101889

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Overview

Material Purpose Standard, Tax Considerations, and Key Procedures

Imagine your client, the trustee, faces a multi-million-dollar family business held in trust, but the decades-old trust instrument prohibits its sale - forcing a choice between fiduciary duty and financial disaster. This 3-hour Continuing Legal Education (CLE) course provides an incisive analysis of the legal mechanisms, statutory standards, and current case law governing the modification, termination, and nonjudicial adjustment of irrevocable trusts.
 

We will explore the tension between the traditional cornerstone of trust law - the settlor's intent - and the modern framework, particularly the Uniform Trust Code (UTC), which allows for greater flexibility. The course focuses specifically on the critical threshold inquiry: whether a proposed action violates a material purpose of the trust. Attendees will gain practical knowledge to advise settlors, trustees, and beneficiaries on navigating disputes over trust administration, including decisions regarding distributions, asset management, and changes to trustee provisions. Irrevocable doesn't have to mean unchangeable - register today!

  • Determine the feasibility of modification under the UTC and common law.
  • Interpret trust documents and extrinsic evidence to define a trust's "material purpose."
  • Ensure nonjudicial agreements stay within the bounds of judicial approval standards.
  • Ground your drafting in current judicial review practices.

Abbreviated Agenda

  1. Considering Trust Changes: The Original Settlor Intent vs. Changed Circumstances (UTC)
  2. The Core Inquiry: Defining and Applying the Material Purpose
  3. The Mechanisms of Modifying the Irrevocable Trust
  4. Case Law Deep Dive: Modification and Termination
  5. Drafting Flexibility Into Irrevocable Trusts (With Sample Language)

Related Topics

Product ID 101889

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Upon Request 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Approved 3.5 Total
Kentucky CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Mississippi CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Approved 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Virginia CLE Approved 3 Total
Vermont CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Upon Request 3 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Considering Trust Changes: The Original Settlor Intent vs. Changed Circumstances (UTC)

  2. The Core Inquiry: Defining and Applying the Material Purpose

    1. What Constitutes a "Material Purpose"
    2. The Significance of Spendthrift Provisions
    3. The All-Beneficiary Consent Exception

  3. The Mechanisms of Modifying the Irrevocable Trust

    1. Exercise of a Power of Appointment
    2. Trust Protector Modification
    3. Disposition of Trust Property
    4. Non-Judicial (Trustee or Beneficiary) Modification
    5. Non-Judicial Settlement Agreements
    6. Judicial Modification and Reformation
    7. Judicial or Non-Judicial Conversion
    8. Mechanism of and Limitations on Decanting (UTDA)

  4. Case Law Deep Dive: Modification and Termination

    1. Full Termination Petitions (In re Estate of Brown, etc.)
    2. Scrutiny of Administrative Changes (Asset Retention, Investment Authority, Making Sizeable Distributions, etc.)
    3. Unwinding Nonjudicial Settlement Agreements (NJSAs)
    4. Tax-Motivated Modifications: Basis, Grantor Status, and IRS Revenue Ruling 2023-2

  5. Drafting Flexibility Into Irrevocable Trusts (With Sample Language)

Who Should Attend

This program is designed for attorneys. Accountants, trust officers, tax professionals, and paralegals may also benefit.

Speakers

Randy M Lish
Randy M.
Lish
Facemyer Law Firm
Gary C De Pury
Gary C.
De Pury
Law Offices of Gary De Pury, P.A.
Speaker bio
Randy M Lish

Randy M. Lish

Facemyer Law Firm
Randy Lish

is a partner at Facemyer Law Firm in Provo, Utah, where he practices in the areas of trusts and estates, asset protection, and probate. He is a former adjunct professor at Utah Valley State College and is a lecturer for National Business Institute. Mr. Lish earned his B.A. and J.D. degrees from Brigham Young University. He is a member of the Utah State Bar and the Central Utah Bar Association.

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Speaker bio
Gary C De Pury

Gary C. De Pury

Law Offices of Gary De Pury, P.A.
Gary De Pury

is a solo practitioner at Law Offices of Gary De Pury, P.A. He focuses his practice on real estate law. After a lengthy Military career as a US Army Counterintelligence Agent, Mr. De Pury earned his J.D. degree from Ave Maria School of Law. He is admitted to practice law in Florida.

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