Existing law establishes procedures for the creation, modification, and termination of a trust, and regulates the administration of trusts by trustees on behalf of beneficiaries. Except as specified, existing law authorizes the revocation of a trust when the person holding the power to revoke the trust is competent. Existing law provides that, during this time, the duties of the trustee are owed to the person holding the power to revoke the trust.
This bill would impose additional requirements on the trustee of a trust if, during the time that a trust is revocable, no person holding the power to revoke the trust is competent, including, but not limited to, requiring the trustee to provide a copy of the trust instrument and any amendments to the beneficiaries under the trust instrument, as specified. The bill would authorize the trustee to rely on specified methods to establish incompetency, but would clarify that the bill does not affect any legal standard for establishing incompetency. The bill would make conforming changes to a related provision.

Statutes affected:
AB1079: 15800 PROB, 16069 PROB
02/18/21 - Introduced: 15800 PROB, 16069 PROB
04/07/21 - Amended Assembly: 15800 PROB, 16069 PROB
06/14/21 - Amended Senate: 15800 PROB, 16069 PROB
08/23/21 - Enrolled: 15800 PROB, 16069 PROB
10/09/21 - Chaptered: 15800 PROB, 16069 PROB
AB 1079: 15800 PROB, 16069 PROB