Modifying Irrevocable Trusts Using Nonjudicial Settlement Agreements
Structuring NJSA Wrappers, Relocating Trust Situs, Resolving Disputes, Remedying Trust Construction Issues
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will provide estate planners with a comprehensive and practical guide to structuring nonjudicial settlement agreements (NJSAs) as a tool for modifying irrevocable trusts in states that have adopted the Uniform Trust Code or have NJSA statutes. The panel will discuss what modifications these settlement agreements can and cannot implement and offer useful guidance to properly structure NJSA "wrapper" provisions that will withstand IRS scrutiny.
Outline
- Amending an irrevocable trust
- Uniform Trust Code provisions
- Determination of "interested person"
- Prohibition against modifying "material provision" of trust
- Terms that binding NJSAs may modify
- Other NJSA statutory provisions and variances from UTC model
- Using an NJSA to relocate a trust situs
- Obtaining court approval of NJSAs
- Structuring NJSA "wrapper" provisions
- Determining whether an NJSA is permissible
Benefits
The panel will review these and other high priority issues:
- Which trust provisions may NJSAs amend in states that have adopted the Uniform Trust Code?
- What other states have statutes or trust code provisions allowing for NJSAs, and how do they differ from the UTC provisions?
- How to structure an NJSA "wrapper"
- What are the tax consequences of making trust changes through an NJSA?
- What are the considerations for determining when it is desirable or necessary to have a court ratify the terms of an NJSA?
- What other methods should counsel be aware of to modify irrevocable trusts?
Faculty

Louis A. Silverman
Attorney
Praesidium Law
Mr. Silverman has been practicing law in Arizona since 1981. In 2005, he changed the focus of his civil litigation... | Read More
Mr. Silverman has been practicing law in Arizona since 1981. In 2005, he changed the focus of his civil litigation practice to estate planning, trust and estate administration, and probate law. In 2015, Mr. Silverman became board-certified in estate and trust law by the State Bar of Arizona with the accreditation of “Certified Specialist in Estate and Trust Law.”
CloseEarly Discount (through 09/19/25)