Revocable vs Irrevocable Trusts
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Trusts · Lesson 14
Revocable vs Irrevocable Trusts
這一課問的是：可撤銷與不可撤銷信託之關鍵差異？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
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revocable trust
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Settlor may modify or revoke during lifetime.
可撤銷信託。
irrevocable trust
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Settlor cannot freely modify after creation.
不可撤銷信託。
UTC default
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Modern UTC presumes revocable.
UTC 默認。
tax implications
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Revocable: included in estate; irrevocable: may be excluded.
稅務影響。
creditor protection
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Irrevocable: stronger protection.
債權人保護。
Rule Sentence · the workhorse
A revocable trust permits the settlor to modify or revoke during the settlor's lifetime — providing flexibility but offering less tax and creditor protection — while an irrevocable trust prevents further changes after creation, offering greater tax and creditor protection but less flexibility.
Mini IRAC · build the Application
Issue. May S amend the trust she created in 2020 to add a new beneficiary, when the trust is silent on revocability?
Rule. Under the Uniform Trust Code, a trust is presumed revocable unless the instrument expressly states otherwise.
Application (model). The trust is silent on revocability. Because UTC §602(a) presumes a trust is revocable absent express provision, the fact that the instrument is silent on revocability means UTC default applies and the trust is revocable.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, S may amend the trust at will.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: