Skip to main content

What can void an irrevocable trust?

Eau Claire, WI |

What can void an irrevocable trust?

Attorney Answers 3

Posted

Court Order.
The best reasons are:
1 Not fit for purpose it was created.
2 Fraud, duress, or undue influence
3 Agreement of all the beneficiaries.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Mark as helpful

1 found this helpful

5 lawyers agree

Posted

Agree with other attorney answer, but #3 also requires consent of the settlor; see Section 701.12 of the Wisconsin Statutes.

Also court has discretion to terminate trusts where property has less than %50,000 in value - See Section 701.13; read entire Chapter 701 of the Wisconsin Statues for other possible arguments.

Mark as helpful

1 found this helpful

3 lawyers agree

2 comments

Joseph Franklin Pippen Jr.

Joseph Franklin Pippen Jr.

Posted

I agree but also very possible settlor would be deceased-but should agree if alive.

Asker

Posted

Thank you both for providing me with information. If the settlor is now deceased can an irrevocable trust still be voided if all beneficiaries agree?

Posted

My colleagues have provided you with quality advice. I would add that it might make sense for you to consult with a local trust attorney to explore your particular circumstances. After such an exploration, you will be better informed.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con

Mark as helpful

1 lawyer agrees

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics