MBE Rules · Wills, Trusts & Estates

Revocation of Revocable Trusts

Cal. Prob. Code § 15401

The rule

A California trust is revocable unless expressly irrevocable, and may be revoked by the method in the instrument or by a signed writing (other than a will) delivered to the trustee — the statutory method is available unless the instrument's method is explicitly exclusive.

In plain English

In California, a trust is considered revocable unless it is explicitly stated to be irrevocable. A trust can be revoked either by following the method outlined in the trust document or by providing a signed written notice to the trustee, as long as it is not a will.

Worked example

Jane established a revocable trust to manage her assets. Later, she decided to revoke the trust and sent a signed letter to her trustee stating her intention to revoke it. The trustee accepted the letter, and the trust was effectively revoked.

Memory hook

Revocable trusts can be revoked with a signature, unless stated otherwise!

The trap

Exams may present scenarios where students must determine if a trust was revoked using the correct method, potentially confusing them with details about the trust's irrevocability.

How examiners test it

Questions often involve fact patterns where a trust is revoked, testing the candidate's understanding of the revocation methods and whether the trust was indeed revocable.

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