Legal Question in Wills and Trusts in California

Does an inter vivos trust suppercede or revoke a previous will?

A will was executed. Shortly thereafter, an inter vivos trust was established. Neither document references the other, but they transfer the same property. The benficiaries are not the same. Which would prevail? Also, how would it be contested if inter vivos trusts are nonprobatable?


Asked on 9/30/99, 1:27 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Does an inter vivos trust suppercede or revoke a previous will?

Yes, the trust will take place of the will. This assumes that either the person's property has been transferred to the trust, or that a "pour-over will" was also executed with the trust to make sure anything left out of the trust is transferred to the trust.

As for contesting the trust, recent California law requires trust beneficiaries and natural heirs to receive notice when the trust becomes irrevocable (usually at the death of the trust-maker). It's at this point that the trust would be contested.

However, if you have concerns that the trust was created through fraud, mistake, or undue influence, you may want to see an attorney now.

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Answered on 9/30/99, 10:59 pm


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