Fairfax Virginia Consent to Revocation of Trust by Beneficiary

State:
Multi-State
County:
Fairfax
Control #:
US-01203BG
Format:
Word; 
Rich Text
Instant download

Description

In this form, the beneficiary consents to the revocation of the trust of which he/she is a beneficiary and consents to the delivery to the trustor by the trustee of any and all monies or property of every kind, whether principal or income, in trustee's possession by virtue of the Trust Agreement. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Under Virginia Code Section 55-544.11(A), a court shall terminate an irrevocable trust if the settlor and all beneficiaries consent to the modification, even if the termination is inconsistent with a material purpose of the trust. Consent by all Beneficiaries.

The first step in dissolving a revocable trust is to remove all the assets that have been transferred into it. The second step is to fill out a formal revocation form, stating the grantor's desire to dissolve the trust.

A. The settlor, a cotrustee, or a beneficiary, or, in the case of a charitable trust, the Attorney General may petition the court to remove a trustee, or a trustee may be removed by the court on its own initiative.

Petitioning Court for Removal A petition for removal of a trustee can be filed by either a co-trustee or a beneficiary. This process can be further complicated if beneficiaries are also designated as trustees. The petition may also seek financial damages from the trustee.

The first step in dissolving a revocable trust is to remove all the assets that have been transferred into it. The second step is to fill out a formal revocation form, stating the grantor's desire to dissolve the trust.

The short answer is no. The grantor is the only one who can revoke a revocable trust.

One of the most attractive features of a revocable living trust is its flexibility: You can change its terms, or end it altogether, at any time. If you created a shared trust with your spouse, either of you can revoke it.

A reserves no power of revocation. If no communication has been made to the creditors, A may revoke the trust. But if the creditors are parties to the arrangement, the trust cannot be revoked without their consent.

The trust property of Marital Trust One will be divided into separate trusts pursuant to Article V, paragraph F, and distributed under the terms of Article V, paragraph G. Statute 1 provides that a beneficiary may disclaim any interest, in whole or in part, by filing a disclaimer as provided in this part.

As long as there are enough trustees remaining then the trustee can simply retire or else they can appoint someone else in their place before stepping down. If the trustee refuses to step down, then the first port of call is to check the trust document as that often contains express powers to remove trustees.

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Fairfax Virginia Consent to Revocation of Trust by Beneficiary