Probate,
Civil Litigation,
California Courts of Appeal
Jan. 12, 2022
Tangled rules for modification of revocable trusts
Last year an appellate court clarified some 30 years of conflicting caselaw on the procedure for amending trust documents, but the ruling left some aspects unresolved.
Mark J. Phillips
Shareholder
Lewitt Hackman
Email: mphillips@lewitthackman.com
Mark is a certified specialist in estate planning, trust & probate law by the State Bar of California.
Over the last 40 years, trusts have become the most prevalent form of estate planning for Californians seeking to put their affairs in order, particularly for larger estates where the costs and delays of a formal probate are prohibitive. With the exception of specific estate tax devices that require irrevocability, these trusts are revocable and amendable by their settlors. Even where trusts are silent on their face, the law in California presumes them to be revocable...
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