The Default Rule Favors Flexibility
One of the most important features of a revocable living trust is the ability to change it. Arizona law presumes that a trust can be revoked or amended unless the trust document itself says otherwise. That distinction matters. If the word "irrevocable" does not appear in the trust, the settlor retains full control.
Unless the terms of a trust expressly provide that the trust is irrevocable, a settlor may revoke or amend the trust subject to any limitations prescribed in the terms of the trust.
A.R.S. § 14-10602(A)Revocation can happen in several ways: by following the method described in the trust itself, through a later will or codicil that references the trust, or by any signed writing that shows clear intent. The trust does not need to be formally "torn up" to be revoked. A signed letter or new will can do the job.
When Spouses Create a Joint Trust
Arizona is a community property state, and joint trusts are common among married couples. This statute draws an important line between community property and separate property within the trust. Either spouse can revoke the trust as to their share of community property, but amending it requires both spouses to act together.
To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone as to that spouse's share of the community property but may be amended only by joint action of both spouses.
A.R.S. § 14-10602(B)(1)An agent under a power of attorney can also exercise these powers, but only if the trust terms or the power of attorney document expressly authorize it. This is a critical detail for incapacity planning. If neither document grants that authority, a court-supervised conservator or guardian may need to step in.
