2008 PA Super 167
Jul 28, 2008OUTCOME: The Amendment of the trust was considered valid
The issue of whether a will has been executed validly, nevertheless, has no bearing on the issue of whether a trust amendment is valid. There is no support in our caselaw for the proposition that a tru ... st amendment must be signed by the settlor simply because “the right to amend…is personal to the Settlor.” To the contrary, in 2002 and 2003, when decedent settled her living trust and when the various amendments thereto were drafted, personalty trust agreements themselves did not have to be written and signed, or otherwise executed, to be effective.The trust agreement provided an unambiguous and lawful method of amendment and the orphans’ court concluded decedent used this method to amend her trust.
