trust by consent

1.__Consent of settlor and all beneficiaries.__A noncharitable irrevocable trust may be modified or terminated upon consent of the settlor and all beneficiaries, even if the modification or termination is inconsistent with a material purpose of the trust.__ A settlor's power to consent to a trust's modification or termination may be exercised by an agent under a power of attorney only to the extent expressly authorized by the power of attorney or the terms of the trust; by the settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or by the settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed.

2.__Consent of beneficiaries.__A noncharitable irrevocable trust may be terminated upon consent of all of the beneficiaries if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust. A noncharitable irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust.

3.__Spendthrift provision.__A spendthrift provision in the terms of the trust is not presumed to constitute a material purpose of the trust.

4.__Distribution after termination.__Upon termination of a trust under subsection 1__or 2, the trustee shall distribute the trust property as agreed by the beneficiaries.

5.__Court approval without unanimous consent.__If not all of the beneficiaries consent to a proposed modification or termination of the trust under subsection 1 or 2, the modification or termination may be approved by the court if the court is satisfied that:

A.__If all of the beneficiaries had consented, the trust could have been modified or terminated under this section; and

B.__The interests of a beneficiary who does not consent will be adequately protected.

§412.__Modification or termination because of unanticipated

circumstances or inability to administer trust effectively