Puerto Rico Authorizes Revocable Trusts: Act 153-2026 Is Signed
Client Alert · August 4, 2026
The wait is over. On July 30, 2026, the Governor signed Act 153-2026 into law, amending 44 articles of the Puerto Rico Trust Act (Law 219-2012) and expressly incorporating the revocable trust into Puerto Rico’s general trust law. The Act takes effect January 30, 2027, and it carries no transition provision for existing trusts — so the six months in between are a planning window, not a waiting room.
The three dates that matter
July 30, 2026 — Act 153-2026 signed into law.
January 29, 2027 — last day a Puerto Rico trust deed that is silent on revocability is presumed irrevocable.
January 30, 2027 — the Act takes effect. Silence now means revocable.
How we got here
As discussed in our March alert, our September 2025 column urged the reform, Senate Bill 773 followed two weeks later, and the Senate approved it on January 27, 2026. Since then, the House refined the bill — and, at the request of its Judiciary Committee, we submitted written comments in May on Articles 10 and 46 before final passage.
The enacted text differs from the Senate version in ways that matter. Most notably, Article 10: where the Senate bill would have eliminated the trust over the legítima of a minor or incapacitated forced heir — a change we noted in March — the final text preserves that protective exception, allowing such a trust where the heir is named sole beneficiary of income and principal.
Article 46 establishes mancomunada liability among co-trustees as the general rule: each answers for the portion of the loss attributable to its own acts or omissions, solidary liability remains when the fiduciaries act intentionally and in concert in the breach of their duties, and a non-participating co-trustee may avoid liability by demonstrating the diligence required to prevent the breach or mitigate its effects — welcome for professionals serving alongside institutional trustees, though it narrows beneficiaries’ remedies.
The Act also expands the practical utility of the Registry: the Director of the Office of Notarial Inspection may now certify its records, including negative certifications, without a court order.
The new default
Beginning January 30, silence generally means revocable. A trust that does not expressly declare itself irrevocable is presumed revocable unless its own clauses clearly show the contrary intent — the exact inverse of Article 7’s old mandate.
While the settlor retains legal capacity and the power to revoke, fiduciary duties run exclusively to the settlor unless the trust instrument provides otherwise, and beneficiaries ordinarily hold expectant interests rather than enforceable rights until an effective conversion, death, or judicially decreed incapacity makes the trust irrevocable. The settlor may reserve broad powers to amend or revoke the trust, withdraw assets, direct the fiduciary, and replace fiduciaries, generally without beneficiary consent; the instrument should define those powers and the method for exercising them, and revocation must be effected by public deed.
What the settlor keeps, creditors can reach
So long as the power to revoke survives, trust assets remain exposed to the settlor’s creditors as if the trust did not exist — retitling real property in the trust’s name does not, by itself, prevent creditors from reaching it while it remains subject to the settlor’s power of revocation or withdrawal.
Extinguishing that power, by express waiver, incapacity, or death, ends the special reach-through rule, but protection from creditors will still turn on the structure, the rights the settlor retained, and the timing and purpose of the transfers. A revocable trust is a management and succession tool, not an asset shield. Nor does it provide a workaround for the legítima: Puerto Rico’s forced-heirship rules continue to constrain trust planning, subject to the specific exception preserved in Article 10 for certain minor or incapacitated forced heirs.
Formality follows the trust through its life
If the deed prescribes a method for amendment or revocation, that method governs. Every amendment or revocation must be notified and entered in the Registry of Trusts within ten days; until registration, it is not effective against third parties. Withdrawal of all trust assets terminates the trust by operation of law, unless the instrument provides otherwise.
For a revocable trust constituted by spouses with community property, the Act permits either spouse to exercise the power of revocation, while an amendment requires the concurrence of both; for separate property or property contributed in identified shares, each settlor’s authority is limited to the portion attributable to that settlor’s contribution.
Between now and January 30
For clients with Puerto Rico assets or residency, the to-do list is concrete.
New plans can now use revocable trusts to reduce avoidable court involvement, provide continuity during incapacity, and create greater flexibility in succession planning.
Existing instruments deserve review precisely because the Act is silent about them: the new presumption should not be assumed to recharacterize deeds executed under the prior law, and any trust whose asset-protection goals depend on irrevocability should say so expressly — as a starting point, not a conclusion, since retained rights, distributions, and actual administration weigh just as heavily.
Incapacity provisions deserve the same attention. Several of the Act’s default provisions tie the transition of control to a judicial determination of incapacity; trust instruments should therefore define incapacity and establish workable procedures for determining it, coordinated with any durable power of attorney.
Want the full statutory detail?
Our reference guide walks through Act 153-2026 article by article — the new presumption, creditor reach-through, the legítima exception, registration deadlines, co-trustee liability, and a before/after comparison:
→ Revocable Trusts in Puerto Rico: What Act 153-2026 Changes
→ Versión en español
We are helping clients use the transition period to review existing instruments, design new plans, and prepare for orderly execution and funding under the new framework. If you would like to discuss how it fits your planning — or whether an instrument signed under the old law still does what you intended — we are ready to help.
Download this alert: Puerto Rico Authorizes Revocable Trusts (PDF)
Related reading
Revocable Trusts in Puerto Rico: What Act 153-2026 Changes — the full reference guide
The Complete Guide to Puerto Rico Trusts — how trusts work under Law 219-2012
Asset Protection Trusts — why irrevocability still does the protective work
Trust vs. Will in Puerto Rico — which instrument does which job
Should your trust be revocable, irrevocable, or both?
We are using the transition period to review existing instruments and design new plans under the new framework.
Hans Riefkohl is a Puerto Rico attorney practicing in trusts, estate planning, Act 60, and corporate law. This alert is for general informational purposes only, summarizes Act 153-2026 as enacted, and is current as of August 4, 2026. It does not constitute legal or tax advice and does not create an attorney-client relationship. Outcomes depend on individual circumstances including residency, asset location, family structure, and the terms of the trust instrument. For advice specific to your situation, schedule a consultation.
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