The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will. Nothing in this section shall be construed to prohibit the creation of a revocable trust if that creation is otherwise authorized under State law. The fact that the settlor becomes incapacitated or loses the capacity required to create a will does not convert a revocable trust into an irrevocable trust.

Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before January 1, 2015. If a revocable trust is created or funded by more than one settlor: To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses; To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to the contribution of that settlor; and On the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment. The settlor may revoke or amend a revocable trust: By substantially complying with a method to revoke or amend the trust provided in the terms of the trust; or If the terms of the trust do not provide a method to revoke or amend the trust or the method provided in the terms of the trust is not expressly made exclusive, by: A later will or codicil that expressly refers to the trust or specifically devises property that would have passed otherwise according to the terms of the trust; or Another method manifesting clear and convincing evidence of the intent of the settlor. On revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs. The powers of a settlor with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust and the power of attorney. A guardian of the property of the settlor or, if no guardian of the property has been appointed, a guardian of the person of the settlor may exercise the powers of the settlor with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the guardianship and only if the trust instrument does not provide otherwise.

Except as provided in subsection (b) of this section, while a trust is revocable, rights of the beneficiaries are subject to the control of the settlor and the duties of the trustee are owed exclusively to the settlor. While a trust is revocable and a settlor does not have the capacity to revoke the trust, a beneficiary to which distributions may be made during the lifetime of the settlor shall have the right to enforce the trust as if the trust were irrevocable.

This section applies: With respect to a final judgment of absolute divorce of the settlor and the settlor’s spouse, if the final judgment was entered into on or after October 1, 2016; or With respect to an annulment of the marriage, if the annulment occurred on or after October 1, 2016; and Unless otherwise expressly provided: In the trust instrument; By court order; or By written agreement between the settlor and the settlor’s spouse or former spouse. On the absolute divorce of the settlor and the settlor’s spouse or the annulment of the marriage occurring after the creation of the settlor’s revocable trust: All terms of the trust relating to trust distributions to or for the benefit of the spouse shall be revoked, and, for the purposes of the trust, the spouse shall be deemed to have died on the date of the absolute divorce or annulment; If the spouse is serving as a trustee or as an advisor to the trustee of the trust, the spouse shall be removed as a trustee or an advisor on the date of the absolute divorce or annulment without further court action; and After the divorce or annulment, the former spouse may not: Serve as a trustee or as an advisor to the trustee of the trust; or Exercise any trust or fiduciary powers provided in the terms of the trust, including any power of appointment.

A person shall commence a judicial proceeding to contest the validity of a trust that was revocable at the death of the settlor within the earliest of: 1 year after the death of the settlor; or 6 months after the trustee sends the person a copy of the trust instrument and a notice informing the person of the existence of the trust, the name and address of the trustee, and the time allowed for commencing a proceeding.

In this section the following words have the meanings indicated. “Estate subject to election” has the meaning stated in § 3–401 of this article. “Spousal benefits” has the meaning stated in § 3–401 of this article. After the filing of an election to take an elective share under § 3–403 of this article becomes final: All property or other benefits that would have passed to the surviving spouse under the trust instrument, other than any portion of the spousal benefits, shall be treated as if the surviving spouse had died on the day before the settlor; and The surviving spouse or a person claiming through the surviving spouse may not receive property, other than property forming any portion of the spousal benefits, under the trust instrument.