Haggerty v. Thornton
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In this case before the Supreme Court of California, the court interprets the provisions regarding the modification of a revocable trust under California Probate Code sections 15401 and 15402. The dispute revolves around a trust created by Jeane M. Bertsch, which was amended multiple times, with the final amendment excluding her niece, Brianna McKee Haggerty, from distribution. Haggerty challenged the validity of the final amendment, arguing that it was not properly notarized as required by the modification method specified in the trust agreement.
The court held that under section 15402 of the Probate Code, a trust may be modified using the procedures set out under section 15401 for revocation, including the statutory method, unless the trust instrument specifies a method of modification and makes it exclusive, or it expressly precludes the use of revocation procedures for modification. The court clarified that merely distinguishing between revocation and modification in the trust instrument does not preclude the use of revocation procedures for modification.
The court affirmed the judgment of the Court of Appeal, which held that Bertsch’s final amendment was a valid modification, since the trust agreement did not explicitly state that the specified method of modification was exclusive or expressly preclude the use of revocation procedures for modification.
The court disapproved previous appellate decisions that were inconsistent with this holding, including King v. Lynch, Balistreri v. Balistreri, Diaz v. Zuniga, Pena v. Dey, Conservatorship of Irvine, and Haggerty v. Thornton.
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