Most people turn to a revocable trust because of the flexibility it provides. This means that you can choose to update the terms of the existing trust or to completely revoke it and eliminate its existence. Unlike an irrevocable trust, a revocable trust exists at the very discretion of the creator and can therefore be revoked at any time.
The revocation of a trust is somewhat different than a will. A trust revocation always begins by looking at the trust document itself because the vast majority of these documents will state the method of revocation that will apply for it to be valid.
Common trust provisions might state things, such as reserving the right to amend this trust by a signed written document delivered to the trustee. This provides a basis for an amendment to be made by the creator of the trust.
If the trust does not address amendment issues, then California Probate Code section 15401(a)(2) enables the method to revoke the trust. This must be signed by the settlor of the trust and delivered to the trustee. It is not required that this document be notarized or witnessed but it must be in writing.
If you have questions about the process of revoking a trust in California seek out an experienced Pasadena estate planning law firm to answer any questions that might have emerged involving the creation of a new trust. A revocable living trust enables you to make amendments to it but also empowers you to revoke the document entirely. This is one of the leading reasons that this flexibility is powerful for you in your estate planning process.
