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Legal Opinion

Masry v. Masry

California Court of Appeal

Decided September 4, 2008No. B201185PublishedCited by 12 opinions

1Opinion of the Court

Opinion

GILBERT, P. J.

How may a settlor revoke a revocable trust? Probate Code section 15401, subdivision (a)(1), (2) provides the answer: (1) by compliance with the method stated in the trust and (2) by a writing (other than a will) signed by the settlor and delivered to the trustee during the lifetime of the settlor. Subdivision (a)(2) also tells us that its provisions do not apply if the trust instrument explicitly makes its language the exclusive method of revocation.

A husband and wife are trustors and trustees of a family trust. The trust provides that each of the trustors has the power…

2Cases cited5 opinions

  1. Fletcher v. Children's Hospital Medical Center FoundationCalifornia Court of Appeal · 1995
  2. Gardenhire v. Superior CourtCalifornia Court of Appeal · 2005
  3. Estate of Lindstrom v. HopkinsCalifornia Court of Appeal · 1987
  4. HUSCHER v. Wells Fargo BankCalifornia Court of Appeal · 2004
  5. In Re Estate of CoplanCalifornia Court of Appeal · 2004

3Cited by12 opinions

  1. Klem v. Access Ins. Co., California Court of Appeal, 5th District2017
  2. People v. ValenciaCalifornia Court of Appeal · 2011
  3. Balistreri v. BalistreriCalifornia Court of Appeal · 2022
  4. Cundall v. Mitchell-ClydeCalifornia Court of Appeal · 2020
  5. Diaz v. ZunigaCalifornia Court of Appeal · 2023

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