Can a Beneficiary Get a Copy of a California Trust?

In California, a beneficiary’s right to receive a copy of a trust depends on whether the trust has become irrevocable. As a general rule, beneficiary rights vest when a trust becomes irrevocable.

Most revocable trusts become irrevocable upon the trust creator’s (also called the settlor or grantor) death. Before that point, the trust creator may amend or revoke the trust at any time. Because the trust terms can change freely during the settlor’s lifetime, beneficiaries do not have a guaranteed interest and typically do not have the right to review the trust instrument.

Once the trust becomes irrevocable, the situation changes. At that point, beneficiaries gain a vested interest in the trust property. California law then requires the trustee to keep beneficiaries reasonably informed about the trust, which includes providing a copy of the trust instrument upon request.

When a trustee refuses to provide a copy of the trust after beneficiary rights have vested, that refusal may violate the trustee’s statutory duties under the California Probate Code.

In these situations, beneficiaries may petition the probate court to compel the trustee to provide the trust document. Courts can also order additional remedies if the refusal is part of a broader pattern of delay, concealment, or mismanagement.

At The Grossman Law Firm, we often see trust disputes begin with a simple refusal to share information. Addressing the issue early can prevent further misconduct and protect beneficiary rights before more serious harm occurs. In many cases, a trustee’s refusal to provide the trust is only one of several warning signs of a broader breach of fiduciary duties.

If you suspect your trustee isn’t acting in your best interest, don’t wait. Explore 20 Ways Your Trustee May Be Breaching Their Fiduciary Duties to learn the most common warning signs and what you can do about them.

Do all beneficiaries have the right to see the trust?
Only beneficiaries with vested interests generally have the right to receive a copy of the trust.

Can a trustee delay providing the trust indefinitely?
No. Unreasonable delay may violate the trustee’s legal duties.

Do I need court approval to request a copy of the trust?
Not initially. Beneficiaries typically request the trust directly from the trustee before seeking court intervention.

At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation. Attorney Scott Grossman focuses exclusively on disputes involving trustee misconduct, including situations where a trustee refuses to provide trust documents or fails to keep beneficiaries properly informed.

Call (888) 443-6590 or fill out our Get Help Now form. Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.

Originally Published June 18, 2018