EXTINCTION
& REVOCATION OF TRUSTS A trust gets extinguished under four
circumstances:(1) when its purpose is completely fulfilled (2) when its purpose
becomes unlawful (3) when the fulfillment of its purpose becomes impossible by
destruction of the trust property or otherwise (4) when the trust being revocable
is expressly revoked. REVOCATION OF A PRIVATE TRUST The trust
created by will can be revoked at the pleasure of the testatorthat is, author
of the trust who has by his will envisaged the trust. Atrust created otherwise
can be revoked only in following 3 circumstances: (1) by the consent of
all the beneficiaries if they are of the age ofmajority and of sound mind and
are as well not disqualified by any law (2) by exercising power of revocation
if it is expressly reserved for the author of the trust (3) at the pleasure
of the author of the trust if the trust is for the payment of the debts of the
author of the trust and it has not been communicated to the creditors. But no
trust can be revoked by the author of the trust so as to defeat or prejudice the
acts duly done by the trustees in the execution of trust. |