2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633A - IOWA TRUST CODE
633A.2203 - TERMINATION OF IRREVOCABLE TRUST OR MODIFICATION OF DISPOSITIVE PROVISIONS OF IRREVOCABLE TRUST BY COURT.

        633A.2203  TERMINATION OF IRREVOCABLE TRUST OR
      MODIFICATION OF DISPOSITIVE PROVISIONS OF IRREVOCABLE TRUST BY
      COURT.
         1.  An irrevocable trust may be terminated or its dispositive
      provisions modified by the court with the consent of all of the
      beneficiaries if continuance of the trust on the same or different
      terms is not necessary to carry out a material purpose.
         2.  Upon termination of the trust, the court shall order the
      distribution of trust property in accordance with the probable
      intention of the settlor.
         3.  For purposes of this section, the consent of a person who may
      bind a beneficiary is considered the consent of the beneficiary.
         4.  For the purposes of this section, removal of the trustee or
      the addition of a provision to the trust instrument allowing a
      beneficiary or a group of beneficiaries to remove the trustee or to
      appoint a new trustee shall not be allowed as a modification under
      this section.  This subsection shall not operate to limit the scope
      of dispositive provisions for the purposes of this section.  

         Section History: Recent Form

         99 Acts, ch 125, §17, 109; 2000 Acts, ch 1150, §10
         C2001, §633.2203
         2005 Acts, ch 38, §54
         CS2005, §633A.2203
         2009 Acts, ch 52, §9, 14
         Referred to in § 633A.2201, 633A.6301, 633A.6308 

         Footnotes

         2009 amendment to this section applies to all proceedings to
      modify dispositive provisions of or to terminate an irrevocable trust
      on or after July 1, 2009; 2009 Acts, ch 52, §14