Trust Termination: Unborn, Living, and Dead Hands--Too Many Fingers in the Trust Pie

A private trust is a useful method of distributing family wealth. At its inception, its terms may be limited only by the imagination of the drafter. Situations unanticipated by the drafter of the trust may arise, however, and premature trust termination may be sought. This Commentary examines the judicial response to trust termination requests made by the settlor, trustee, or beneficiary, with particular emphasis on California decisional law.

It identifies situations in which termination should be allowed and describes the major statutory reforms developed in jurisdictions other than California. The Commentary concludes with a proposal for modification of current California law.