How do you legally change the terms of a trust?

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How do you legally change the terms of a trust?

My deceased mother drew a line through the name and amount my son was to receive from her trust and wrote void and her initials This is on a revocable trust. Is this legal and does the trustee have to respect her wishes as to this change? My son has had no contact with his family for 15 years and my brother and the trustee will not honor the change.

Asked on July 14, 2011 under Estate Planning, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Sorry to hear about your mother.

The provisions of the trust usually include a provision on the procedure for amendment of the trust.  A valid amendment should be signed by the settlor (creator of the trust) in the presence of a notary.  Therefore, drawing a line through a name and writing void with initials would not be sufficient.


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