Also known as: if not all
Written by attorneys · grounded in primary & secondary sources — see below
A maxim allowing a court to approve modification or termination of a trust even if not all beneficiaries consent, provided the court finds that the change could have been approved with unanimous consent and that nonconsenting beneficiaries' interests are adequately protected.
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Ana and Ben petition to terminate an irrevocable trust holding complex financial instruments. Carla objects, claiming the settlor wanted long-term growth. The court finds that if all three had consented termination would have been allowed and that Carla's interest can be protected by a segregated cash distribution. The court approves termination and orders the trustee to distribute according to the siblings' allocation.
Three siblings are remainder beneficiaries of a trust. Two petition for early termination. The third refuses. The court applies si non omnes and approves termination after finding the trust could have ended with full consent and the objector's share can be protected by equivalent value.
Income beneficiaries seek to modify distribution terms. One remainder beneficiary withholds consent. The court grants the modification under si non omnes after confirming the change would have been allowed unanimously and the holdout's economic interest remains secure.
Co-trustees propose dividing a trust into separate shares. Not every beneficiary agrees. The court invokes si non omnes, approves the division, and directs the trustee to allocate assets so the nonconsenting beneficiary's interest is fully protected.
Adult beneficiaries request termination. A minor remainder beneficiary cannot consent. The court applies si non omnes, finds termination would have been permitted with full consent, and orders a protected share for the minor before approving distribution.
Most beneficiaries support extending the trust term. One objects. The court uses si non omnes to approve the amendment after verifying the extension could have passed unanimously and the dissenter's future interest is adequately safeguarded by the new terms.
A court may approve termination under UTC § 411(e) if the trust could have been terminated had all beneficiaries consented and the interests of any nonconsenting beneficiary are adequately protected. The statute does not require identical replacement interests, only adequate protection of economic value.
The trustee must distribute the trust property as agreed by the beneficiaries rather than according to the original remainder terms. The court-approved termination is treated as one under the beneficiary-consent provisions for distribution purposes.
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