| | | 1.__Modification or termination.__The court may modify the | | administrative or dispositive terms of a trust or terminate the | | trust if, because of circumstances not anticipated by the | | settlor, modification or termination will further the purposes of | | the trust. To the extent practicable, the modification must be | | made in accordance with the settlor's probable intention. |
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| | | 2.__Modification of administrative terms.__The court may | | modify the administrative terms of a trust if continuation of the | | trust on its existing terms would be impracticable or wasteful or | | impair the trust's administration. |
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| | | 3.__Distribution after termination.__Upon termination of a | | trust under this section, the trustee shall distribute the trust | | property in a manner consistent with the purposes of the trust. |
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| | | 1.__Charitable purpose becomes unlawful, impracticable, | | impossible to achieve or wasteful.__Except as otherwise provided | | in subsection 2, if a particular charitable purpose of a trust | | becomes unlawful, impracticable, impossible to achieve or | | wasteful: |
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| | | A.__The trust does not fail, in whole or in part; |
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| | | B.__The trust property does not revert to the settlor or the | | settlor's successors in interest; and |
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| | | C.__The court may apply cy pres to modify or terminate the | | trust by directing that the trust property be applied or | | distributed, in whole or in part, in a manner consistent | | with the settlor's charitable purposes. |
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| | | 2.__Noncharitable beneficiary.__A provision in the terms of a | | charitable trust that would result in distribution of the trust | | property to a noncharitable beneficiary prevails over the power | | of the court under subsection 1 to apply cy pres to modify or | | terminate the trust only if, when the provision takes effect: |
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| | | A.__The trust property is to revert to the settlor and the | | settlor is still living; or |
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| | | B.__Fewer than 50 years have elapsed since the date of the | | trust's creation. |
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| | | §414.__Modification or termination of uneconomic trust |
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| | | 1.__Termination by trustee after notice.__After notice to the | | qualified beneficiaries, the trustee of a trust consisting of |
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