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The main methods of terminating a trust are by revocation, setting aside, passing of time, distribution of the trust fund or termination by the beneficiaries under the rule in Saunders v Vautier.
In the event that an irrevocable non-grantor trust is terminated, the income that the assets have generated will presumably be distributed to the beneficiaries. It will be their responsibility to pay the taxes on the money.
A trust might terminate because: The trust has accomplished its intended purposes. It is no longer economically feasible to have a trust. The trust has distributed all of its property and assets. The trust is revoked. The court dissolves the trust because of a dispute or illegality.
Bottom Line. Terminating an irrevocable trust can have significant tax consequences, triggering a combination of income, capital gains and estate taxes.
The two most common ways to terminate and/or modify an irrevocable trust is to 1) argue that there has been a change of circumstances not anticipated by the settlors at the time they created the trust (for example changes in tax law, and 2) argue that all beneficiaries consent to the proposed termination and or ...