Home / Blogs / Estate Planning and Estate Administration / THE POWER OF A SETTLOR AND BENEFICIARIES TO MODIFY A TRUST WITHOUT COURT APPROVAL DOES NOT EXTEND TO GRANT THE BENEFICIARIES THE POWER TO REMOVE AND REPLACE THE INDEPENDENT TRUSTEES

THE POWER OF A SETTLOR AND BENEFICIARIES TO MODIFY A TRUST WITHOUT COURT APPROVAL DOES NOT EXTEND TO GRANT THE BENEFICIARIES THE POWER TO REMOVE AND REPLACE THE INDEPENDENT TRUSTEES

Tuesday, July 7, 2020
Category: Estate Planning and Estate Administration

The Montgomery County Orphans’ Court held that trust modification agreements made by the settlor and all beneficiaries without court approval were invalid to the extent they granted the beneficiaries the power to remove and replace the independent trustee.

Ref: In Garrison Trusts, 1992-X1509, No. 1992-X1518, No. 1992-X1519, ( O.C. Mont. June 16, 2020)

Kindly visit our Trusts and Estate Planning website or contact one of our Wills, Trusts or Estate Litigation Attorneys, Philadelphia or Estate Attorneys, Philadelphia for more information on this topic.

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