[WSBARP] Revocation of Trust

[Jim Doran]

Thank you.  that will work just fine.

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com


On Mon, Jul 20, 2020 at 1:07 PM <michael at westseattleattorney.com> wrote:

> CA has a lot of forms but a quick check brought the below - also, I am
> attaching a revocation of a WA Trust
>
> Search Phrase:
> CODE TEXT
> *PROBATE CODE - PROB*
> *DIVISION 9. TRUST LAW [15000 - 19530]**  ( Division 9 enacted by Stats.
> 1990, Ch. 79. )*
>
> *PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS
> [15200 - 15414]**  ( Part 2 enacted by Stats. 1990, Ch. 79. )*
>
>
> *CHAPTER 3. Modification and Termination of Trusts [15400 - 15414]**  (
> Chapter 3 enacted by Stats. 1990, Ch. 79. )*
>
>
> *15401.  *
> (a) A *trust* that is revocable by the settlor or any other person may be
> revoked in whole or in part by any *of* the following methods:
> (1) By compliance with any method *of* *revocation* provided in the
> *trust* instrument.
> (2) By a writing, other than a will, signed by the settlor or any other
> person holding the power *of* *revocation* and delivered to the *trust*ee
> during the lifetime *of* the settlor or the person holding the power *of*
> *revocation*. If the *trust* instrument explicitly makes the method *of*
> *revocation* provided in the *trust* instrument the exclusive method *of*
> *revocation*, the *trust* may not be revoked pursuant to this paragraph.
> (b) (1) Unless otherwise provided in the instrument, if a *trust* is
> created by more than one settlor, each settlor may revoke the *trust* as
> to the portion *of* the *trust* contributed by that settlor, except as
> provided in Section 761 *of* the Family Code.
> (2) Notwithstanding paragraph (1), a settlor may grant to another person,
> including, but not limited to, his or her spouse, a power to revoke all or
> part *of* that portion *of* the *trust* contributed by that settlor,
> regardless *of* whether that portion was separate property or community
> property *of* that settlor, and regardless *of* whether that power to
> revoke is exercisable during the lifetime *of* that settlor or continues
> after the death *of* that settlor, or both.
> (c) A *trust* may not be modified or revoked by an attorney in fact under
> a power *of* attorney unless it is expressly permitted by the *trust*
>  instrument.
> (d) This section shall not limit the authority to modify or terminate a
> *trust* pursuant to Section 15403 or 15404 in an appropriate case.
> (e) The manner *of* *revocation* *of* a *trust* revocable by the settlor
> or any other person that was created by an instrument executed before July
> 1, 1987, is governed by prior law and not by this section.
> *(Amended by Stats. 2012, Ch. 55, Sec. 1. (AB 1683) Effective January 1,
> 2013.)*
>
>
>
> -------- Original Message --------
> Subject: [WSBARP] Revocation of Trust
> From: Jim Doran <jim at doranlegal.com>
> Date: Mon, July 20, 2020 12:45 pm
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>
> Does anyone have a simple format for the revocation of a Revocable Living
> Trust?  It is a California RLT, of course.
>
> It was never recorded anywhere.  I think it would be a simple
> document that the Trustor/Trustee can sign and hold.
>
> Jim Doran
>
> James R. Doran
> Attorney at Law
> 100 E. Pine Street -  Suite 205
> Bellingham, WA 98225
> (360)393-9506
> jim at doranlegal.com
> www.doranlegal.com
> ------------------------------
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