---
title: "Draft or vary an irrevocable discretionary trust"
url: "https://ailawframework.com/practice/trusts-and-estate-planning/draft-or-vary-a-discretionary-family-trust-deed/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A19-T1-R6-US"
practice_area: "Trusts & Estate Planning"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Draft or vary an irrevocable discretionary trust

> Compare the instructions with the current instrument and list the dispositive powers, the amendment power and any retained grantor power. Do not produce the executed trust.

Canonical page: https://ailawframework.com/practice/trusts-and-estate-planning/draft-or-vary-a-discretionary-family-trust-deed/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Trusts & Estate Planning](https://ailawframework.com/practice/trusts-and-estate-planning.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Compare the instructions with the current instrument and list the dispositive powers, the amendment power and any retained grantor power. Do not produce the executed trust. |
| What the lawyer must review | You write the instrument that will be signed. State law governs whether the trust is valid and how it is amended. Where Uniform Trust Code § 411 is enacted as read, settlor-and-beneficiary consent, or beneficiary consent with the court’s conclusion under § 411(b), is the modification path for a noncharitable irrevocable trust. Confirm the enactment. If a person is treated as the owner under Subpart E, 26 U.S.C. § 671 taxes that person on the attributable items. Open the specific grantor-trust sections before you describe the tax result. Opinion 512 applies to the draft. |
| Written for | United States |
| Applies to | [Draft or vary a discretionary family-trust deed](https://ailawframework.com/practice/trusts-and-estate-planning/draft-or-vary-a-discretionary-family-trust-deed.md) |

## Checking plan

- What the AI does: Compare the instructions with the current instrument and list the dispositive powers, the amendment power and any retained grantor power. Do not produce the executed trust.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- There is no United States equivalent of an Australian family-trust election. Do not import one.
- Section 671 states the consequence of grantor status. It does not itself list the powers.

## Sources

- [Uniform Trust Code (2000), Uniform Law Commission, § 411](https://www.uniformlaws.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=6bae0bb2-00ea-8080-d084-5be9ef7bbc66&forceDialog=0) (checked 2026-10-22)
- [26 U.S.C. § 671, Trust income attributable to grantors](https://www.law.cornell.edu/uscode/text/26/671) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*