Wills and Trusts Bar Exam 2025 – 400 Free Practice Questions to Pass the Exam

A trust is typically considered revocable unless it is expressly stated otherwise in the trust document. This means that the default assumption is that the settlor (the person who creates the trust) can modify or revoke the trust at any time during their lifetime unless they have included specific language in the trust instrument indicating that the trust is irrevocable.

This principle exists because the settlor's intent is paramount in determining the nature of the trust. If the document is silent on the issue of revocability, courts generally assume that the settlor intended to retain the ability to change or revoke the trust. This flexibility allows the settlor to adapt to changing circumstances or intentions over time.

In contrast, if a trust document specifically states that a trust is irrevocable, then it cannot be revoked by the settlor. This clear intention directly contradicts the general presumption of revocability. Other options, such as requiring a court decree or stating that the trust becomes irrevocable upon the death of the settlor, do not align with the fundamental principles governing revocable trusts.