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Webinar: Will King Still be King after Haggerty: Is the procedure for revocation of a trust available for modification?
Currently pending before the California Supreme Court in Haggerty v. Thornton is the question of whether the language set forth in Probate Code 15402, “nless the trust instrument provides otherwise”, means a trust may be amended by any available method of revocation unless the method of amendment set forth in the trust is “expressly exclusive”, or whether it means that if the trust specifies any method of amendment, that particular method must be followed.