How can a trust become irrevocable?
In North Dakota, a trust can become irrevocable by either of two methods. First, the settlor (the person or entity establishing the trust) can choose to make the trust irrevocable when it is initially created. This provides the greatest control over the trust and the assets it holds as the settlor can limit or restrict the trustor’s (the beneficiary’s) ability to amend the trust. Second, the trustor can make the trust irrevocable through a court order. This is often done when the trustor is a minor or otherwise unable to act on his or her own behalf. In either case, once a trust becomes irrevocable, the trustor loses the ability to amend or change the trust. This means that the trustor cannot add or remove beneficiaries, alter the terms of the trust, or make any other changes to the document. Such changes must be made by the settlor if the trust has been made irrevocable when it was initially created. If the trust has become irrevocable through court order, the court must agree to any changes or amendments.
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