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  • PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
  • TITLE II DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
  • CHAPTER 203E MASSACHUSETTS UNIFORM TRUST CODE
  • ARTICLE 4 CREATION, VALIDITY, MODIFICATION AND TERMINATION OF TRUST
  • Section 412 Modification or termination because of unanticipated circumstances or inability to administer trust effectively

[Text of section applicable as provided by 2012, 140, Sec. 66.]

Section 412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively

(a) The court may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification shall be made in accordance with the settlor’s probable intent.

(b) The court may modify the administrative terms of a trust if continuation of the trust on its existing terms would be impracticable or wasteful or impair the trust’s administration.