[WSBAPT] trust amendment

Thu Jul 30 12:55:11 PDT 2015

Paul,

I wouldn’t be too sure about the unenforceability. Living trusts have been looked at as will substitutes, so some of the doctrines of will interpretation might apply. I think the trustor, who was also the trustee at the time, has complied with the trust’s requirement of delivery to the trustee since s/he is the trustee, and with the requirement for writing by amending the trust on its face. S/he should not be required to agree with herself/himself by written acceptance; a court could be guided by the oft-repeated maxim, now set out in RCW 11.12.230, that the decedent’s intent should be honored. The modification of the trust could be considered “substantial compliance with a method provided in the terms of the trust” (RCW 11.103.030(3)(a). Analogously, Washington courts have held that minor strike-outs on wills do not amount to revocation of the will, and should be considered partial revocations only, with the rest of the instrument being enforceable. I think I’d want some court guidance on this, or at least written agreement by all affected parties, before carrying out distributions. 

My thoughts.

Samuel L. Furgason

Samuel L. Furgason, Inc, PS

(Not accepting new business)

10655 N.E. 4th Street, Suite 701

Bellevue, Washington 98004

MAIL TO:

PO Box 102

Medina, WA 98039-0102

Work:    (425) 649-1122

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Email: sam at furgasons.com

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Grant
Sent: Thursday, July 30, 2015 10:43 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] trust amendment

see rcw 11.103.030 -  in essence the trust rules the day.  Notes on the trust are not amendments unless the trust specifies they are accepted.  With the information provided I would say the notes are unenforceable. 

Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com <http://www.planningwithpurposeinc.com> 

Estate Planning. Business Planning. Wealth Succession.

On Wed, Jul 29, 2015 at 12:34 PM, Marilyn J Kliman <marilyn at marilynjklimanlaw.com <mailto:marilyn at marilynjklimanlaw.com> > wrote:

Listmates – 

Client is Trustee of decedent’s RLT. 

Trust document states that settlor “…may at any time …amend any of the terms of this trust by a written document delivered to the trustee.” Decedent (as settlor/trustee) made multiple handwritten edits on the trust document over the years. There are no dates, signatures or notarization, none of which, obviously, are required by terms of the trust.

My question is, are these unenforceable amendments, or valid if proven to be in decedent’s handwriting?

(Apologies to folks on both listserves)

Thank you,

Marilyn

Marilyn J. Kliman, Attorney at Law

Marilyn J. Kliman Law, PLLC

510 Bell Street

Edmonds, WA 98020

206.499.0993 <tel:206.499.0993> 

Marilyn at MarilynJKlimanLaw.com <mailto:Marilyn at MarilynJKlimanLaw.com> 

www.MarilynJKlimanLaw.com <http://www.marilynjklimanlaw.com/> 

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