[WSBAPT] Scrivener's error in trust amendment

[Philip N. Jones]

I can't say that there is only one answer here, but out of a concern that copies might have been made and passed around, I would lean towards doing a second amendment.  You could even fully restate the first amendment and recite that it is revoked.  That way you probably do not need to ever produce it in the future.
This assumes the trust is revocable/amendable.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of susan at pepetersonlaw.com
Sent: Monday, November 29, 2021 3:26 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Scrivener's error in trust amendment

Hello listmates, I'm pretty sure I'm in the weeds here, but I'm looking for thoughts on how to deal with an error I made in a trust amendment late last year.  The client just noticed it a couple of days ago.  The name of one of the trustees/beneficiaries was misspelled in one spot (naturally, it's in the designation of trustee).  I'd like to correct it to avoid any hassles with financial institutions in the future.  Client and trustee are able to execute a new amendment with the right spelling.  Is there any reason not to simply shred the original amendment and call the new one "first amendment", or is it better to retain the original first amendment and call the corrected version "second"?  As I said, weeds....

Susan E. Spuller
Attorney at Law

Law Office of Paulette Peterson, PLLC
710 Ericksen Ave NE, Suite 201
Bainbridge Island, WA 98110
206.855.9293
Fax: 206.678.0105


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