Alaska § 13.36.360 - Modification or termination of irrevocable trust by consent.
Full text of Alaska Alaska Statutes § 13.36.360 — Modification or termination of irrevocable trust by consent., with citation guidance and answers to common questions.
§ 13.36.360. Modification or termination of irrevocable trust by consent.
(a) Except as otherwise provided by this section, on petition by a trustee, settlor, or beneficiary, a court may modify or terminate an irrevocable trust if all of the beneficiaries consent and if continuation of the trust on the existing terms of the trust is not necessary to further a material purpose of the trust. However, the court, in its discretion, may determine that the reason for modifying or terminating the trust under the circumstances outweighs the interest in accomplishing the material purposes of the trust. The inclusion of a restriction on the voluntary or involuntary transfer of trust interests under AS 34.40.110 may constitute a material purpose of the trust under this subsection, but is not presumed to constitute a material purpose of the trust under this subsection.
(b) Unless otherwise provided in the trust instrument, an irrevocable trust may not be modified or terminated under this section while a settlor is also a discretionary beneficiary of the trust.
(c) If a beneficiary other than a qualified beneficiary does not consent to a modification or termination of an irrevocable trust that is proposed by the trustee, settlor, or other beneficiaries, a court may approve the proposed modification or termination if the court determines (1) if all the beneficiaries had consented, the trust could have been modified or terminated under this section; and
(2) the rights of a beneficiary who does not consent will be adequately protected or not significantly impaired.
(d) [Repealed, § 15 ch 7 SLA 2008.]
Source: official Alaska text · Last verified 2026-08-27
Frequently Asked Questions About Alaska § 13.36.360
What does Alaska Statutes § 13.36.360 cover?
Section 13.36.360 ("Modification or termination of irrevocable trust by consent.") is part of the Alaska Statutes, the codified statutory law of Alaska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alaska § 13.36.360?
A common citation format is "Alaska Statutes § 13.36.360" (Alaska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alaska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alaska official source linked on this page or consult a licensed Alaska attorney.
How does Alaska § 13.36.360 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alaska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alaska.