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By: Scott Grossman on October 10th, 2016

Trust Modifications in California: Have Circumstances Changed?

Irrevocable trusts can be modified under California probate law, usually when there are changed circumstances. In order to accomplish the modification, however, the trustee or beneficiary will have to pursue a court action. This involves filing a petition requesting the modification of the trust terms. The court has full discretion in granting the request. If you feel that the circumstances surrounding a trust have changed and wish to pursue a modification, contact a Riverside estate attorney for guidance.

Five helpful facts about California trust modifications caused by changed circumstances:

  1. The petitioner must demonstrate circumstances were unknown to the creator of the trust.
  2. A common example of changed circumstances is when a charity is the beneficiary of a trust, but the trust no longer exists at the time the trust becomes irrevocable.
  3. The petitioner must show the creator of the trust couldn’t anticipate the circumstances.
  4. The court must decide whether the changed circumstances would defeat or weaken the trust if it were to continue as written.
  5. Filing a petition to request the change does not require the consent of the remaining beneficiaries or trustees.

Changed circumstances may justify your attempt to change the terms of an irrevocable trust in California. Contact an experienced Riverside probate litigation attorney today at (888) 443-6590 for a free consultation.