(a) In addition to the procedure available under § 28-69-401 et seq., a court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.
(b) A court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust's administration.
(c) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 73 - Arkansas Trust Code
Subchapter 4 - Creation, Validity, Modification, and Termination of Trust
§ 28-73-401. Methods of creating trust
§ 28-73-402. Requirements for creation
§ 28-73-403. Trusts created in other jurisdictions
§ 28-73-405. Charitable purposes — Enforcement
§ 28-73-406. Creation of trust induced by fraud, duress, or undue influence
§ 28-73-407. Evidence of oral trust
§ 28-73-408. Trust for care of animal
§ 28-73-409. Noncharitable trust without ascertainable beneficiary
§ 28-73-410. Modification or termination of trust — Proceedings for approval or disapproval
§ 28-73-411. Modification or termination of noncharitable irrevocable trust by consent
§ 28-73-414. Modification or termination of uneconomic trust
§ 28-73-415. Reformation to correct mistakes
§ 28-73-416. Modification to achieve settlor's tax objectives