[WSBAPT] Trustor marks up original Will

[Jeff at bellanddavispllc.com]

Listmates:

 

I know some of you have run into this situation.  No matter how many times I
tell clients NOT to write on the original Will or Trust, some do.  Deceased
Trustor left detailed distribution scheme for specific beneficiaries then
named 4 charities to receive the remainder.  At least twice, Trustor hand
wrote, on the original Trust agreement, new specific beneficiaries, changed
the amounts some specific beneficiaries would receive, and completely named
new charities to take the remainder.  Trustor dies.  We mailed a copy of the
clean trust agreement with the marked up version to everyone.  No responses
from anyone.  I am now petitioning  for instructions as to which trust
version does the trustee follow.  If this was a Will, the court would simply
go with the original Will, as the changes were not properly witnessed.
However, a trust is not the same and need not be witnessed, nor does the
trustee's signature need to be notarized.  The trust itself says the trust
can be amended by the trustor providing the trustee with the written
changes.

 

I have found no case law on this issue.  Because the Trustor also crossed
out the changes, or at least it appears to have been crossed out, I am
inclined to have the court "agree" that the trustee follow the original
trust.  Have any of you run into this before?

 

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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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