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Disinheriting Beneficiaries Who Contest If the decedent's estate plan contained a no-contest clause, a trustee can remove a beneficiary who contests the decedent's estate plan. A no-contest is a common trust provision intended to ward off potential attempts to overturn the estate plan.
Irrevocable trusts are just that ? irrevocable. Therefore, when asking the question ?can an irrevocable trust be amended?? the answer is usually ?no? you normally cannot revoke or amend them.
In most cases, a trust deed generally offers two processes for the removal of a beneficiary. Most commonly, the beneficiary can sign a document to renunciate all interests as a beneficiary. Otherwise, the trustee may have discretionary power to revoke the beneficiary.
A revocable trust can be modified while the Grantor is alive. Revising the terms of a trust is known as ?amending? the trust. An amendment is generally appropriate when there are only a few minor changes to make, like rewording a certain paragraph, changing the successor trustee, or modifying beneficiaries.
It's important to know what you want to change and where in your trust document this information lives (such as the article number you're amending). Fill out the amendment form. Complete the entire form. It's important to be clear and detailed in describing your changes.