Matter of Estate of Bol

I have no trouble with the rule that trusts can be revoked by the terms of a will, as long as the intention to revoke is clear and satisfactory. In this case, however, any intention to revoke the trusts was neither clear nor satisfactory.

Tentative trusts may be revoked in the will of the depositor creating such trusts. Annotation, Revocation of Tentative (“Totten”) Trust of Savings Bank Account by Inter Vivos Declaration or Will, 46 A.L.R. 3d 487, 493 (1972); Restatement (Second) of Trusts § 58 comment c (1959). Since there was no decisive act or declaration of revocation of the trusts…