Can a trust that is set to terminate be extended by the beneficiaries?

The Trust could potentially be extended, but it would have to be done by a Court and with the knowledge and consent of everyone - and I mean everyone - that has an interest in the Trust, including future beneficiaries and even future born beneficiaries (who would have to be represented by an ad litem). Absent court action, the answer is NO, it cannot be extended because the Trust document controls the adminsitration of the Trust and the Trust says that it shall terminate.  There is nothing else anyone can do to make it continue, other than to file an action with the Court and, after due process, have the Court order that it be extended or changed to continue for a time certain. All of that being said, there is no guarantee that a Court would order the extension and I can honestly say that I have never asked to have a Trust extended that has been in place for some time and was set to terminate on a date certain, after everyone is of majority age.  As a result, I think you could, potentially do it, if there is no question of creditor avoidance or tax issue, if everyone was in agreement.  It may be possible to create a new trust with an extended period as well, as long as everyone who has an interest agrees. All of the above would require me to look at the Trust and understand, better, the circumstances. Sincerely, Kevin Spencer (214) 630-4554