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LODMELL & LODMELL

Concept 3 of 15 · About 3 minutes

Irrevocability

You give up the power to simply undo the trust on your own.

Irrevocability is a powerful word because it describes a real commitment. In the recording, Douglass compares it to jumping off a bridge: once you take that step, you cannot simply climb back to where you started.

For a trust, the central idea is that the settlor gives up the power to revoke, or undo, the trust at will. The assets must then be handled under the trust’s terms. They do not come back merely because the settlor changes their mind.

This matters for asset protection. If you can freely undo a trust and take everything back, that retained power can weaken the separation the trust is meant to create. Giving up that power helps make the arrangement a real legal structure.

Irrevocable does not mean that every possible change is forbidden in every case. A trust or the law may provide specific ways to make changes. But that is different from keeping a personal right to cancel the whole arrangement whenever you wish.

Once the trust’s terms govern access to the assets, those terms become very important. One set of protective terms is the subject of the next lesson: spendthrift provisions.

Check the concept

What power do you generally give up with an irrevocable trust?

Choose one answer.

Educational information. Your legal and tax advice must fit your own facts.

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