Can an irrevocable will be broken
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Can an irrevocable will be broken
Q My father-in-law has the bank that’s
managing his trust as the trustee after
he dies and not my husband.
I find this unconscionable. He doesn’t
even trust his one and only child to
become the trustee after his death.
After he dies is there any way we can
break up the trust? Any help you can
give me would be greatly appreciated.
As you can tell, I’m really disappointed
in my father-in-law’s decision to have
the bank as his trustee after his death
and not my husband.
Asked on February 7, 2017 under Estate Planning, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Only if you could show that the trust was created as the result of fraud (a material, or important, lie made to your father-in-law, to induce him to set up the trust; e.g. the bank or a bank officer lied to him to get him to do this), as the result of outright criminal acts (such as identity theft, forgery, extortion, etc.), or that your father-in-law was not mentally competent when he created it (such as due to dementia) could you "break" the trust (i.e. void it). Otherwise, an "irrevocable" trust is just that--irrevocable. It cannot be revoked, not even by the person who created it, and whether or not it is unconscionable is irrelevant.
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