Who has the authority to request deviation from a trust?

Understand the Problem

The question is asking about the legal authority or rights of different parties involved in a trust to request a deviation from its terms. It requires an understanding of trust law and the roles of various parties such as trustees, beneficiaries, and settlors.

More Information

Under the doctrine of equitable deviation, trustees are allowed to adjust or modify the distributive terms of a trust due to changed circumstances that the original settlor might not have anticipated. This can help ensure the intent of the trust is fulfilled even when unforeseen conditions arise.

Tips

Common mistakes include misunderstanding the difference between a trustee's authority and a court's authority. While trustees can request deviations, legal approval might still be necessary in many jurisdictions.

Sources

• The web page with info on - Example Source - lewislawoftrusts.lawbooks.cali.org
• Equitable Deviation: The Settlor's Intent (or the Beneficiary's Benefit?) - greenleaftrust.com