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- Alaska Statutes.
- Title 13. Estates, Guardianships, Transfers, Trusts.
- Chapter 36. Trust Administration
- Section 340. Modification and Revocation of Revocable Trusts.
previous: Section 338. Presumption of Revocability.
next: Section 345. Modification or Termination of Irrevocable Trusts Because of Unanticipated Circumstances.
AS 13.36.340. Modification and Revocation of Revocable Trusts.
- (a) A trust that is revocable by the settlor may be modified or revoked in whole or in part by
- (1) substantial compliance with a method of modification or revocation provided in the trust instrument; or
- (2) a writing, other than a will, signed by the settlor and delivered to the trustee during the lifetime of the settlor,
except that, if the trust instrument expressly makes the method of revocation provided in the trust instrument the
exclusive method of revocation, the trust may not be revoked under this paragraph.
- (b) Unless otherwise provided in the trust instrument, if a trust that is revocable by the settlor is created by or funded
by more than one settlor,
- (1) the trust may be modified or revoked as provided in AS 34.77.100
to the extent the trust consists of community property under AS 34.77 (Alaska Community Property Act);
- (2) each settlor may modify or revoke the trust as to the portion of the trust property contributed by that settlor that
is not community property under AS 34.77.
- (c) A revocable trust may not be modified or revoked by an attorney-in-fact under a power of attorney unless the
modification or revocation is expressly permitted by the trust instrument.
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Last modified 9/3/2005