Fredrick P. Niemann, Esq. of Hanlon, Niemann & Wright discusses a question that often surprises people who create trusts: under what circumstances, if any, an “irrevocable” trust can actually be revoked under New Jersey law.
In this brief video, Mr. Niemann explains when the creator of an irrevocable trust may still have the ability to revoke or unwind the trust, and why the answer often depends on who the trust beneficiaries are and how they are described in the trust document. He breaks down what it means when a trust uses terms like “heirs,” “heirs at law,” “next of kin,” or “distributees,” and whether those words create beneficiaries whose consent is required before a trust can be revoked.
Mr. Niemann also discusses how New Jersey courts look to the intent of the trust creator, especially in situations where the trust was created primarily for the settlor’s own benefit, and how certain beneficiary designations may create a reversionary interest that allows the settlor to revoke the trust without anyone else’s approval.
This video offers clear, practical guidance in plain language, helping individuals and families better understand their trust documents, avoid costly mistakes, and know when legal options may still be available—even with an irrevocable trust.
By Fredrick P. Niemann, Esq., a NJ Trusts Attorney