 Who may request?  Trustee  Beneficiary

 Discretionary with court  Court can refuse to authorize deviation even if trustee has a “good” reason as long as not an abuse of discretion.

 When is deviation possible?  1. Purposes of trust fulfilled.

 When is deviation possible?  2. Purposes of trust have become illegal.

 When is deviation possible?  3. Purposes of trust are impossible to fulfill.

 When is deviation possible?  4. Change will further the purposes of trust because of circumstances the settlor: ▪ Did not know, and ▪ Could not anticipate.

 When is deviation possible?  5. Modification of administrative provision is necessary or appropriate to prevent waste or avoid impairment of trust’s administration.

 When is deviation possible?  6. Necessary or appropriate to achieve settlor’s tax objectives and is not contrary to settlor’s intent.

 When is deviation possible?  7. Continuance of the trust is not necessary: ▪ To achieve any material purpose of trust, and ▪ All beneficiaries consent ▪ Directly ▪ By virtual representation ▪ Through guardian ad litem

 When is deviation possible?  8. Not inconsistent with material purpose of trust, and ▪ All beneficiaries consent ▪ Directly ▪ By virtual representation ▪ Through guardian ad litem

 Permitted deviations:  1. Change trustee

 Permitted deviations:  2. Modify terms of trust

 Permitted deviations:  3. Permit or direct trustee to do acts not authorized or forbidden by the trust.

 Permitted deviations:  4. Prohibit trustee from performing acts required by the terms of the trust.

 Permitted deviations:  5. Terminate the trust, in whole or in part.

 Goal  Do what the settlor would have done had the settlor thought about it.  Court will examine: ▪ Trust instrument, and ▪ Extrinsic evidence.

 Method of saving failed charitable trusts.  Settlor must have general charitable intent.  Gift saved for equitably equivalent charity.