Section 6.33 Trust Revocable at Settlor’s Death

• Library: Trusts and Powers 2013 Supp

4. (§6.33) Trust Revocable at Settlor’s Death

Section 456.6-604, RSMo Supp. 2005, provides that the statutes of limitation set forth in that statute apply only to a trust “that was revocable at settlor’s death.” Obviously, therefore, it is essential to know whether the trust was “revocable” at that time.

The beginning point is to determine whether the trust agreement allows a revocation. The rule before January 1, 2005, was that a trust was revocable only if the power to revoke, or the equivalent unrestricted power to amend, was reserved in the trust agreement or was expressed by the...