Wednesday, June 10, 2009
Case Law: Handwritten Notation Amendment Not Part of Original Trust, Entitled to Safe Harbor
Challenge to handwritten notations on the trust instrument was not seeking an interpretation but invalidity of an amendment, and therefore not protected by "safe harbor" provisions on that theory. However, the “amendment” by handwritten notations was not part of the original trust agreement and thus a challenge to its validity is not a contest under section 21305(a)(3). Cory v. Toscano, F055231, 5th District Court of Appeal, 6/8/09. Cite as 2009 SOS 3530.