I'm looking to fire the trustee of the mortgage and I came cross this Law Massachusetts. 22 Massachusetts practice, probate law and practice section 42.2 ( 2nd ed.) Revocation of trust.
M.G.L.A. c. 203, sec 103 defines "revocable" as "A trust that is revocable by the settler without the consent of the trustee or person holding an adverse interest."
And obvious method of terminating a trust is by its revocation. Since the settlor is providing for the disposition of his own property, it is only fair th he have the opportunity to revoke the trust. However, "it is well settled in this commonwealth that unless the power of revocation is reserved, a settler cannot there for revoke, alter or amend the e absence of showing of lack of mental capacity, or fraud, mistake or undue influence.
An unrestricted power to amend includes the power to revoke.
It has been held that a provision in a trust that the trustee shall pay to the settlor"...such portion of the of the principal as she in her judgement may deem necessary for her comfort and support, "was not a power of revocation.
When the settlor reserves the power to revoke the trust in a particular manner,he can only revoke it in that manner.
A power of amendment, revocation or other powers, reserved by a settlor in a trust instrument, is an authority and right to act during the lifetime of the settlor, and it cannot be exercised by a will which cannot take effect before death of the settlor.