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Settlor Incapacity and Filling A Trust’s “Empty Chairs”
Trusts and Estates Quarterly; Vol. 29, Issue 4 (2023)
Recent amendments to Probate Code sections 15800 and 16069, adopting Assembly Bill No. 1079 (Stats. 2021, ch. 749) effective January 1, 2022, change the duties of trustees to disclose information to beneficiaries upon the incompetence of a trust’s settlor. These are some of the most significant recent changes to California trust law. These reforms address the so-called “empty chair problem,” where the settlor, who typically holds the power of trust revocation, is incompetent and, thus, leaves empty the “chair” of the person to whom the trustee’s duties flow. The new provisions aim to limit the class of beneficiaries who fill this “chair” and are thus entitled to certain trust information under the Probate Code, including a copy of the terms of the trust upon request, information related to the administration upon reasonable request, and annual and other trust accountings.
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