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Click here for the full text of this decision FACTS:J.D. White and Connie White established the following four irrevocable trusts naming their minor grandchildren as beneficiaries: 1. in December 1992, the David Paul White Irrevocable Trust; 2. in December 1992, the Scott L. and Jake R. White Irrevocable Trust; 3. in December 1994, the Jacob Michael White Irrevocable Trust; and 4. in November 1997, the Samantha Walker White Irrevocable Trust. The grantors’ two adult children, Larry J. White and David M. White, were named as trustees of each of the trusts. In February 2006, Larry and David filed a petition for termination of White Intervivos Trusts. Scott and Jake (who are now adults) entered appearances, waived service and citation, and agreed that the trial court could hear and determine the cause without any further notice to them. Jon William West was appointed guardian ad litem to represent the interests of the minors: David, Samantha and Jacob. In their petition to terminate the trusts, the trustees alleged 1. the grantors’ intent “was to provide assets in each of the” trusts for the benefit of the trustees, 2. the grantors were not advised that the trustees were not “distributees of the income and principal” of the trusts during their lifetimes, and 3. the purpose of the trusts was not satisfied. Therefore, the trustees concluded that based on circumstances unknown to the grantors, termination of the trusts furthered the purpose of the trusts as intended by the grantors. At a hearing on the petition, the court heard the testimony of one of the grantors, J.D. White, who stated he did not understand the difference between a “trustee” and a “beneficiary” and he intended Larry and David to be the beneficiaries of the trusts. He agreed that termination of the trusts would further the purpose of the trusts. On cross-examination, J.D. White admitted his attorney drafted the various trust documents. Other than J.D. White’s testimony and admission of the trust documents into evidence, no other evidence was offered in support of the petition. Following the hearing, the trial court terminated the trusts and distributed the trust assets equally to the two trustees, who are the appellees before this court. This appeal was brought by the guardian ad litem on behalf of the minor grandchildren. HOLDING:Reversed in part; affirmed in part. A settlor may not revoke a trust if “it is irrevocable by the express terms of the instrument creating it. . . .” Texas Property Code �112.051(a). However, an irrevocable trust, such as the ones at issue here, may be judicially terminated under proper circumstances. In 2005, the Texas Legislature amended the Texas Property Code to provide that “a court may order that . . . the trust be terminated in whole or in part, if . . . because of circumstances not known to or anticipated by the settlor, the order will further the purposes of the trust.” �112.054(a)(2). Although the amendment to subsection (a)(2) may have made termination of an irrevocable trust easier to achieve, there must still be evidence of “circumstances not known to or anticipated by the settlor” presented to the court that supports terminating an irrevocable trust. Here, the unknown circumstance was J.D. White’s confusion. He did not testify that this confusion stemmed from any misrepresentations made to him, from a lack of legal advice or from a lack of awareness regarding the terms of the trust documents. He did not testify that he never intended to establish four separate irrevocable trusts over a period of five years. And no one explained why almost 14 years had to pass before the “mistake” was realized. This record does not support a finding of “circumstances not known to or anticipated by the settlor.” No appeal was taken from the termination of the Scott L. and Jake R. White Irrevocable Trust, so that portion of the judgment is affirmed. OPINION:Marion, J.; Lopez, CJ, Marion and Speedlin, JJ.

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