If the express terms of the instrument prohibit early termination, can a court terminate anyway?

• A. Yes; if the beneficiaries agree
• B. No; express prohibition prevents termination
• C. Only with unanimous beneficiary consent
• D. Only with grantor consent

Answer: (B)

A trust or similar instrument is bound by its express terms, and a court cannot override a clear prohibition on early termination. If the instrument says early termination is not allowed, the court must honor that limit and continue the trust as written, unless the document itself or applicable law provides a permitted mechanism to modify or terminate. So even with beneficiary or grantor consent, termination cannot occur in violation of the express prohibition. The other options would rely on overriding the instrument, which isn’t permitted unless there’s a provision within the instrument or a governing statute that authorizes modification or termination despite the express prohibition.