Modifying Irrevocable Trusts: Methods, Governing Law, Consent Requirements, and Tax Considerations

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Estate Planning
- event Date
Tuesday, July 29, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide estate planning counsel with practical techniques to modify an irrevocable trust. The panel will describe the various modification methods, including decanting, construction, reformation, division, and amendment. The program will also address potential state law issues and will detail key tax considerations in light of the proposed tax bill.
Faculty

Ms. Quintero advises clients on complex estate and wealth planning, estate and trust administration, and business succession planning. She works with individuals, families, and business owners to craft customized wealth transfer and business success solutions, including the use of revocable and irrevocable trusts, Intentionally Defective Grantor Trusts, Beneficiary Defective Grantor Trusts, Irrevocable Life Insurance Trusts, and Grantor Retained Annuity Trusts. Ms. Quintero regularly works with clients to modify existing trusts to address unintended tax consequences, changes in family situations, and other life events.

Mr. Donohue, Managing Member of Donohue, O’Connell & Riley PLLC, has expertly advised hundreds of clients on how to structure their personal affairs and businesses to minimize taxes, reduce their exposure to unforeseen liabilities and assure the smooth transition of assets between generations. He has a unique ability to efficiently process all the complexities of a situation, explain the best strategy in simple terms and craft a plan that protects families and preserves his clients’ legacies. Affluent families and business owners trust Mr. Donohue to maximize the tax efficiency of their real estate, investment and insurance assets and work with their team of trusted advisors to manage their plans. He began his legal career working in the New York and Paris offices of Leboeuf, Lamb, Greene and MacRae, LLP which had over 20 offices around the world. Fluent in French and German, Mr. Donohue was based in the New York and Paris offices and worked with clients such as Jazz at Lincoln Center, the Lower Manhattan Development Corporation (which developed the 9/11 memorial site at the new World Trade Center), the Art Students League and the American Museum of Natural History, on matters ranging from real estate finance to charitable giving programs. He also has significant firsthand experience as a real estate investor in residential and commercial buildings, which he draws upon to advise clients.
Ms. Riedisser is an experienced commercial litigator. She represents businesses and individuals in a wide range of commercial and contractual disputes. In addition to her general commercial litigation practice, Ms. Riedisser has significant knowledge in fiduciary disputes, telecommunications advocacy and litigation, and cryptocurrency disputes. As part of her broader practice, she frequently represents corporate trustees, individual trustees, and beneficiaries in litigation related to trusts, estates, wills, and guardianships in state and federal court. Ms. Riedisser also has substantial experience in disputes regarding the fiduciary or contractual duties owed by officers and employees to their employers. She defends insurance producers and financial planners facing allegations of breach of duty and negligence.
Description
Estate planners often encounter circumstances where a previously drafted irrevocable trust is defective in some key aspect and requires modification. This defect may be due to a change in circumstances or an error in drafting, or as a reaction to legislative changes impacting the tax treatment of trust income. The recent tax bill may require estate planning counsel to review existing trusts to ensure they are tax-efficient vehicles for wealth transfer.
There are several ways in which an irrevocable trust can be fixed. Decanting is only one option among many that may be used to correct a trust. Estate planning counsel must be proficient at recognizing which techniques may apply to a particular set of facts and then implementing those techniques.
Additionally, counsel must analyze the applicability of state law. A number of states have seen significant developments in the law governing irrevocable trusts. The panel will explain the advantages of changing a trust's situs to benefit from the various methods available for modifying an irrevocable trust.
Listen as our experienced panel reviews the key tools available to modify a trust and prepares estate planning counsel for determining state law applicability, notice and consent requirements, and tax considerations.
Outline
I. Modification methods
A. Judicial reformation
B. Non-judicial reformation
C. Division
D. Amendment
E. Decanting
F. Other
II. Identifying governing law
III. Identification of necessary parties
IV. Representation of parties
V. Impact of new tax bill on modification of irrevocable trusts
Benefits
The panel will review these and other key issues:
- What methods are available to modify an irrevocable trust?
- Which state law will govern a trust modification?
- How will the governing state law apply to the validity, construction, or administration of the trust?
- Who must be notified and give consent before a trust can be modified?
- What tax consequences should counsel consider when modifying an irrevocable trust?
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