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Will King Still be King after Haggerty: Is the procedure for revocation of a trust available for modification?
Trusts & Estates Section
Credit(s):
1.5 Legal Specialization in Estate Planning; Trust & Probate Law
1.5 Participatory MCLE Credits
Currently pending before the California Supreme Court in Haggerty v. Thornton is the question of whether the language set forth in Probate Code 15402, “[u]nless the trust instrument provides otherwise”, means a trust may be amended by any available method of revocation unless the method of amendment set forth in the trust is “expressly exclusive”, or whether it means that if the trust specifies any method of amendment, that particular method must be followed. The presenters will attempt to answer this question based upon the statutory and legislative history, and the cases that have been decided on the issue thus far.
1.5 Legal Specialization in Estate Planning; Trust & Probate Law
1.5 Participatory MCLE Credits
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