Is Your Trust Amendment Valid?

Many clients believe they can just put pen to paper to make changes to their trust. Some do this out of ignorance, or because they do not want to pay to have a lawyer prepare what they believe should be a simple change.

Many interlineations or DIY amendments fail to meet the statutory requirements. Last week, the CA Court of Appeal, First District upheld the lower court’s invalidation of an amendment because the drafting party did not follow the trust’s requirement that the amendment had to be notarized. This ruling was upheld even though the amendment made did meet the statutory requirements because it did not meet the trust document’s requirements for a valid amendment.

It is important to consult with an attorney when making changes to your trust so you can ensure all of your hard work in crafting an estate plan does not put your family in court out of confusion or conflict.

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