Section 5.27 Mode of Revocation

LibraryTrusts and Powers 2013 Supp

D. (§5.27) Mode of Revocation

Under Missouri common law, if the settlor reserves the power to revoke but fails to provide a specific method of revocation, the settlor may revoke the trust in “any manner sufficiently manifesting an intention to revoke the trust.” Salem United Methodist Church v. Bottorff, 138 S.W.3d 788, 794 (Mo. App. S.D. 2004); see alsoLipic v. Wheeler, 242 S.W.2d 43 (Mo. 1951); Harding v. St. Louis Union Trust Co., 207 S.W. 68 (Mo. banc 1918).

A settlor who reserves the power to revoke and specifies the manner of revocation must follow the specified manner in order to effectuate the revocation. Salem United Methodist Church, 138 S.W.3d at 794.

As an example, in Salem United Methodist Church, the...

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