Inter Vivos is a Latin phrase which means “while alive” or “between the living.” This
phrase is primarily used in property law and refers to various legal actions taken by a
given person while still alive, such as giving gifts, creating trusts, or conveying property
(Cornell, 2023). And just like in life a living and breathing entity can grow, develop,
suffer loss, and die; a Trust can do the same. Section 602(a) of the Uniform Trust Code
states that “[u]nless the terms of a trust expressly provide that the trust is irrevocable,
the settlor may revoke or amend the trust” (ACTE, 2023). This is why revocable or inter
vivos trusts are never “set in stone”, they can change, revoke, or amend, whereas
irrevocable Trust gifts are just that, irrevocable (D & D, 2019).
Though there are some loopholes in “amending” irrevocable Trusts, they are only used
to terminate the existing Trust to give way to correcting and “rebirthing” it. In cases
where they need to change beyond the confides of their current formation or wealth of
the Grantor (usually during times of converting from simple to complex). As most Special
Needs Trusts are irrevocable and complex in nature, they are not subject to
modification, amendment, or termination without the grantor's permission (Manassas,
2021). And as a complex trust, its funds are largely retained and earn interest income
and capital gains throughout its life.
References:
5 Ways to Amend an Irrevocable Trust (July 26, 2019) Doane & Doane Attorney
https://www.doaneanddoane.com/can-an-irrevocable-trust-be-amended-here-
are-the-5-
ways#:~:text=Irrevocable%20trusts%20are%20just%20that,cannot%20revoke%20
or%20amend%20them.
Boubir, N. (2021) Special Needs Trust Attorney – Manassas Law Group. a
https://www.manassaslaw.com/estate-planning-administration/special-needs-
trust/#:~:text=SNTs%20operate%20as%20a%20common,the%20permission%20of
%20the%20grantor.
Inter Vivos (n.d.). Cornell University – Law – LLI / Legal Information Institute. Retrieved
May 13, 2023.
https://www.law.cornell.edu/wex/inter_vivos#:~:text=Inter%20vivos%20is%20a%
20Latin,creating%20trusts%2C%20or%20conveying%20property.
Special Needs Trusts | SNT | Supplemental Needs Trusts | The American College of Trust
and Estate Counsel. (n.d.). The American College of Trust and Estate Counsel.
https://www.actec.org/estate-planning/special-needs-trusts-snt/
