Legal Question in Wills and Trusts in California

A new trust replaces an old trust. Can beneficiary get a copy of the old trust?


Asked on 10/30/15, 6:32 pm

1 Answer from Attorneys

William Christian Rodi Pollock

Probably not if the new trust indicated the former document is revoked ( or states it is an amendment and restatement of the prior trust in its entirety). The final answer, however, depends on why you want it. It may be produced in a litigation circumstance. If the settlor is still alive, he or she might provide you a copy. If you are fighting about capacity, and there is a finding the new document is ineffective, the old one might be discoverable. The best answer which can be provided without a lot more information is " it depends" .

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Answered on 11/01/15, 6:50 pm


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