Logo for the Law Offices of Linda J. MacKay

Schedule Your Free Consultation Today: 408-379-9600

  • Home
  • About
  • Practice Areas
    • Estate Planning
    • Estate Plan Taxation
  • Blog
  • Contact
  • FAQs
Logo for the Law Offices of Linda J. MacKay

P:  408-379-9600

  • Home
  • About
  • Practice Areas
    • Estate Planning
    • Estate Plan Taxation
  • Blog
  • Contact
  • FAQs

Can you alter an irrevocable trust? 

On Behalf of Law Offices of Linda J. MacKay | Apr 19, 2021 | Trusts

The name “irrevocable trust” suggests that it can never be changed, and that is a general idea. These are trusts that you’re only supposed to make when you’re very sure of exactly how you want to use the assets you’re putting into them. You can’t just alter or cancel them on a whim. 

However, trusts can be modified in some cases, depending on how they were set up. Here are a few instances where change may be possible. 

Changes to tax laws

Trusts for charitable organizations are to may be be altered when tax laws change. These could be federal or state tax laws — or any laws that alter how the trust may be used. 

After all, you cannot predict how laws are going to change in the future. If you set the trust up to transfer assets to a charity over a long period of time — a decade, for example — the odds are slim that every single tax law is going to be exactly the same as it was on the day you wrote the trust. Disallowing alterations based on changes to the law would not be true to the spirit of the trust or its goals. 

Your options when creating trusts

Trusts are a major part of estate planning, and this is just one example of how complicated they can get. Working with an experienced advocate is wise. You absolutely need to understand all of the options you have. 

  • Twitter
  • LinkedIn
  • Facebook

Recent Posts

  • When should you add an advance healthcare directive to your will?
  • 4 scenarios that warrant an update to your estate plan
  • Important considerations when writing revocable living trusts
  • Do family members make the best executors?
  • What do executors have to do?

Archives

  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • November 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • October 2019
  • June 2019

Categories

  • Estate Planning
  • Firm News
  • Health Care Directives
  • Trusts

RSS Feed

Subscribe To This Blog’s Feed

Get In Touch With Us

Logo for the Law Offices of Linda J. MacKay
Law Offices of Linda J. MacKay
1361 S. Winchester Blvd.
Suite 210
San Jose, CA 95128

Phone: 408-379-9600

San Jose Estate Planning Law Office
  • Follow
  • Follow
  • Follow
Review Us

© 2023 Law Offices of Linda J. MacKay • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters