Without specific language in the instrument, a trust is considered by common law to be which?

• A. Irrevocable and not amendable
• B. Irrevocable but amendable
• C. Revocable but not amendable
• D. Revocable and amendable

Answer: (A)

Whether a trust can be changed or terminated depends on express language in the trust document. If the instrument does not reserve any power to revoke or amend, common law treats the trust as irrevocable and not amendable. This means the settlor cannot revoke or modify the terms once the trust is funded, and management follows the written provisions unless a separate legal principle (like a court’s modification under specific doctrines) applies. If the trust had language granting revocation or amendment, then it would be revocable or amendable; in the silent case, the default is irrevocable and not amendable.