Vermont § 602 - Revocation or amendment of revocable trust

Full text of Vermont Vermont Statutes Online § 602 — Revocation or amendment of revocable trust, with citation guidance and answers to common questions.

§ 602. Revocation or amendment of revocable trust

  • (a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor
    may revoke or amend the trust. This subsection does not apply to a trust created under
    an instrument executed before the effective date of this title. (b) If a revocable trust is created or funded by more than one settlor: (1) to the extent the trust consists of community property or property held by tenants
    by the entirety when added to the trust, the trust may be revoked by either spouse
    acting alone but may be amended only by joint action of both spouses; (2) to the extent the trust consists of property other than community property or property
    held by tenants by the entirety when added to the trust, each settlor may revoke or
    amend the trust with regard to the portion of the trust property attributable to that
    settlor’s contribution; and (3) upon the revocation or amendment of the trust by fewer than all of the settlors, the
    trustee shall notify the other settlors of the revocation or amendment. (c) The settlor may revoke or amend a revocable trust: (1) by substantial compliance with a method provided in the terms of the trust; or (2) if the terms of the trust do not provide a method or the method provided in the terms
    is not expressly made exclusive, by: (A) executing a later will or codicil that expressly refers to and revokes or amends the
    trust or specifically devises or bequeaths specific property that would otherwise
    have passed according to the terms of the trust, or (B) any other method manifesting clear and convincing evidence of the settlor’s intent. (d) Upon revocation of a revocable trust, the trustee shall deliver the trust property
    as the settlor directs, but with respect to community property or property held by
    tenants by the entirety when added to the trust under subdivision (b)(1) of this section,
    the trustee shall deliver one half of the property to each spouse unless the governing
    instrument specifically states otherwise. (e) A settlor’s powers with respect to revocation, amendment, or distribution of trust
    property may be exercised by an agent under a power of attorney only to the extent
    expressly authorized by the terms of the trust or the power. (f) A guardian of the property of the settlor or, if no guardian of the property has been
    appointed, a guardian of the person of the settlor may exercise a settlor’s powers
    with respect to revocation, amendment, or distribution of trust property only with
    the approval of the Probate Division of the Superior Court supervising the guardianship. (g) A trustee who does not have actual knowledge that a trust has been revoked or amended
    is not liable for distributions made and other actions taken on the assumption that
    the trust had not been amended or revoked. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. February 1, 2011.)

Frequently Asked Questions About Vermont § 602

What does Vermont Statutes Online § 602 cover?

Section 602 ("Revocation or amendment of revocable trust") is part of the Vermont Statutes Online, the codified statutory law of Vermont. 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 Vermont § 602?

A common citation format is "Vermont Statutes Online § 602" (Vermont). 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 Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 602 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont 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 Vermont.