Free Mississippi Revocation of Revocable Trust Form

Mississippi Revocation of Living Trust: Everything You Need to Know

Establishing a revocable living trust in Mississippi is a prudent decision for the residents of the state and especially for the residents of Jackson, Gulfport, Hattiesburg or any other location in the state, as it offers them some flexibility in their estate planning. Things, however, always change. The need to cancel that trust may arise due to a divorce or financial change or the need to streamline planning. In these situations, a Mississippi Revocation of Revocable Trust Form will enable a settlor to revoke a trust legally and recover his/her assets under the law of the state.

Mississippi Law on Revocable Trust Revocation

The state has a law on trust revocation which is dictated by the Mississippi Uniform Trust Code, especially the Miss. Code § 91-8-602. The law provides an overview of how and when a revocable trust will be revoked and the amendment of a revocable trust.

• Key legal rules include:

  • A trust is taken to be revocable unless it is revoked.

  • The settlor (or co-settlors) can revoke or amend the trust within his lifetime, were he to have the legal capacity.

  • For community property: either spouse may revoke; amendments may require both.

  • For non-community property: each settlor has rights over the portion they contributed.

  • If the trust document specifies a revocation method, it must be followed. Otherwise, any clearly written action showing intent to revoke is valid.

  • In case of non-community property: each settlor holds rights towards the contributions made.

  In case the trust document has indicated a revocation method, it has to be followed. Otherwise, any written action which indicates intent to revoke is good.

Steps to Revoke a Trust

• If you need to cancel a trust, a Revocation of Revocable Trust Form Mississippi provides a structured way to do so. Here are the general steps:

  1. Examine the trust document – Look for any revocation instructions written in the trust. Follow them if provided.

  2. Prepare the revocation form – Include the name of the settlor(s), the name of the trust, the date of the trust and a plain statement revoking the trust. You can also provide directions on how to treat trust assets.

  3. Sign the revocation form – A settlor must sign the document. If there are co-settlors, both may need to sign depending on the trust terms. Notarisation is not always required but adds clarity.

  4. Deliver the form – The signed form should then be given to the trustee so that the trustee is properly informed.

  5. Transfer assets – All trust property should be transferred by the trustee as instructed; this may include retitling real estate or transferring financial accounts.

  6. Maintain records – Have a copy of the revocation signed, evidence of delivery and a record of transfer of assets. This avoids disputes in the future.

Reasons to Cancel a Living Trust in Mississippi

• People revoke trusts for many reasons. Common scenarios include:

  • Divorce, remarriage, birth of children in the family.

  • Simplification when estate planning becomes too complex or redundant.

  • Trustee changes due to dissatisfaction or availability issues.

  • Financial changes such as relocation of assets or updated planning needs.

  • Legal updates that make a different estate planning tool more suitable.

  Using a sample revocation of living trust form PDF makes this process straightforward and ensures compliance with Mississippi law.

FAQs on Mississippi Trust Revocation

What is a Revocation of Revocable Trust Form?
It is a legal document that cancels a revocable living trust and returns control of assets to the settlor. Once executed, the trust no longer has authority.

Can multiple settlors revoke a trust?
Yes. Each settlor may revoke their portion. For community property, one spouse may revoke, but amendments may require both.

Do I need a specific method to revoke?
Only if the trust document lists an exclusive method. Otherwise, a written instrument that clearly states the intent to revoke is sufficient.

What happens after revocation?
The trustee must deliver trust assets as instructed by the settlor. Real estate and financial accounts may require retitling to reflect individual ownership.

Is there a revocation of trust form example template?
Yes, you can use a free blank Revocation of Trust Form that contains the essential language to make your revocation effective under Mississippi law.

Download Your Free Mississippi Revocation of Revocable Trust Form

If you’re in Mississippi and ready to revoke your trust, you don’t need to start from scratch. Use our Revocation of revocable trust form to ensure your revocation is legally valid and complete. Download your free blank form today and take control of your estate planning with confidence.