To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect.
Structure Mississippi Code
Chapter 8 - Mississippi Uniform Trust Code
Article 4 - Creation, validity, modification, and termination of trust
§ 91-8-401. Methods of creating trust
§ 91-8-402. Requirements for creation
§ 91-8-403. Trusts created in other jurisdictions
§ 91-8-405. Charitable purposes; enforcement
§ 91-8-406. Creation of trust induced by fraud, duress, or undue influence
§ 91-8-407. Evidence of oral trust; trust in land
§ 91-8-408. Trust for care of animal
§ 91-8-409. Noncharitable trust without ascertainable beneficiary
§ 91-8-410. Modification or termination of trust; proceedings for approval or disapproval
§ 91-8-411. Modification or termination of noncharitable irrevocable trust by consent
§ 91-8-414. Modification or termination of uneconomic trust
§ 91-8-415. Reformation to correct mistakes
§ 91-8-416. Modification to achieve settlor's tax objectives