irrevocable trustn.//ɪˈrɛvəkəbəl/ (ih-REV-uh-kuh-buhl) but usually /ˌɪrəˈvoʊkəbəl/ (ir-ruh-VOH-kuh-buhl)/
A trust that generally cannot be changed or revoked after it's created. Giving up control is the price for benefits like asset protection and tax planning.
An irrevocable trust is a trust that, once established, generally cannot be amended or revoked by the settlor. By relinquishing control and ownership of the transferred assets, the settlor can achieve goals a revocable trust cannot, such as removing assets from the taxable estate, protecting them from creditors, or qualifying for benefits.
The trade-off is loss of control: the settlor typically cannot freely take the assets back. Many irrevocable trusts include built-in flexibility (such as trust protectors or powers of appointment) to adapt to changing circumstances.
A frequent misconception is that assets placed in an irrevocable trust are frozen and can never be sold or spent. They can. Acting under the trust's terms and a fiduciary duty, the trustee can buy, sell, and reinvest trust property in the ordinary course of administration. When the trustee sells an asset, for example the family home, the proceeds stay in the trust, and the trustee can apply them for a beneficiary's care to the extent the trust allows, which commonly includes the beneficiary's health, support, and maintenance. So a beneficiary who has become incapacitated can still be looked after from the trust: the house is sold, the proceeds remain trust property, and the trustee uses them for that beneficiary under the trust's distribution terms.
One qualifier: where a trust was designed to preserve a beneficiary's eligibility for needs-based public benefits, such as Medicaid or SSI, distributions must follow those program rules, so care expenses are coordinated with that purpose rather than paid out freely.
In short, irrevocability constrains the settlor (also called the grantor): it removes their power to revoke, rewrite, or reclaim, not the trustee's authority to manage the assets or the beneficiaries' ability to be cared for from them.
Both Colorado and Wyoming recognize irrevocable trusts under their trust codes. Wyoming additionally authorizes self-settled qualified spendthrift trusts that can protect a settlor's own assets; Colorado does not, so Colorado residents often look to other jurisdictions for self-settled protection.
Related terms
- revocable living trustA trust created while you are alive that you can change or cancel at any time. It holds your assets so they can pass to the people you choose without probate, and lets a person you name step in to manage things if you become unable to.
- asset protection planningArranging ownership of assets in advance and lawfully so they are harder for future creditors to reach, done before a claim arises rather than after.
- spendthrift trustA trust with a clause that keeps a beneficiary from giving away or borrowing against their interest and blocks the beneficiary's creditors from reaching it before distribution.
- self-settled trustA trust the creator sets up for their own benefit. In most states this offers little protection from the creator's creditors; a few states allow protective versions.
