BOYS & GIRLS CLUB OF PETALUMA v. Walsh

Opinion

JONES, P. J.

Subject to one exception, Probate Code section 15403, subdivision (a) 1 gives the probate court the authority to modify or terminate an irrevocable trust “if all beneficiaries . . . consent.” The exception to this general rule is found in subdivision (b), which provides that even if all beneficiaries consent, a court cannot modify or terminate a trust where “the continuance of the trust is necessary to carry out a material purpose of the trust” unless “the court, in its discretion, determines that the reason for doing so under the circumstances outweighs the interest in…