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:
d 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%20or%20a
mend%20them.
d Boubir, N. (2021) Special Needs Trust Attorney – Manassas Law Group.
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/
