[WSBAPT] Children "lose" last amendment to parent's trust

[Joshua McKarcher]

I have no idea what the basis would be for NOT enforcing the amendment simply because the version you're holding is a photocopy.

A contract is not revoked by tearing it up or shredding it. Unless, I suppose, the agreement provides for it.

A trust agreement is not a will and is not revoked by burning or defacing it. It's revoked in the manner required by the agreement, which is usually by a writing revoking it.

One thing I personally love about trusts is that even obnoxious financial institutions accept faxes, PDFs, excerpts, and never ask for "the original."

Shift your thinking to "trust as agreement" vs. "trust as will substitute," and I suspect the analysis will simplify immediately.

If the kids think otherwise, they can provide a legal basis. Best, Josh

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, December 7, 2022 3:38 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Children "lose" last amendment to parent's trust

Listmates:

I know we can prove a lost Will, but can you prove a lost Trust?  I know the case involving proving the terms of a trust where no trust document exists.  The question is when you have copies of the signed documents, does the fact the original is missing mean the document is revoked?

6 months ago the Trustors' amended their trust to  reduce the assets to be received by their children upon the last trustor death.  First Trustor died two weeks ago.  Children swoop in and go through all EP documents.  They provide all originals; the Trust and several amendments, but just not that last amendment; they claim it can't be found.

My position is the professional trustee, taking over, should treat the last amendment as enforceable.  However, have any of you had a different experience?

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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