What is the correct presumption for a revocable trust and what must be done to make it revocable?

What is the correct presumption for a revocable trust and what must be done to make it revocable?

• A. It is presumed revocable
• B. It is presumed irrevocable; the settlor must explicitly declare revocability
• C. It can be revoked only with consent of all beneficiaries
• D. The trust must have at least one trustee and one beneficiary

Answer: (B)

The key point is how revocability is determined and how to create it. The default rule is that a trust is irrevocable unless the settlor explicitly reserves the power to revoke or amend it. To make a trust revocable, the instrument must contain an express provision stating that the settlor may revoke or amend the trust (or that the settlor retains a continuing power of revocation). Without that explicit language, the trust is treated as irrevocable and cannot be revoked by the settlor. The other options miss this core idea: revocation does not require all beneficiaries’ consent, and merely having a trustee and a beneficiary does not define revocability.

The key point is how revocability is determined and how to create it. The default rule is that a trust is irrevocable unless the settlor explicitly reserves the power to revoke or amend it. To make a trust revocable, the instrument must contain an express provision stating that the settlor may revoke or amend the trust (or that the settlor retains a continuing power of revocation). Without that explicit language, the trust is treated as irrevocable and cannot be revoked by the settlor. The other options miss this core idea: revocation does not require all beneficiaries’ consent, and merely having a trustee and a beneficiary does not define revocability.