Masry

How may a settlor revoke a revocable trust? Probate Code section 15401, subdivision (a)(1), (2) provides the answer: (1) by compliance with the method stated in the trust and (2) by a writing (other than a will) signed by the settlor and delivered to the trustee during the lifetime of the settlor. Subdivision (a)(2) also tells us that its provisions do not apply if the trust instrument explicitly makes its language the exclusive method of revocation.

A husband and wife are trustors and trustees of a family trust. The trust provides that each of the trustors has the power to revoke the trust during their joint lifetimes by written direction delivered to the other trustor and to the trustee.

Here, husband executed a revocation of the trust but did not deliver the notice of revocation to his wife. Wife received notice of the revocation after his death.

We conclude, among other things, the revocation provision in the trust was not explicitly exclusive, and husband’s method of revocation complied with Probate Code section 15401, subdivision (a)(2). We affirm.

FACTS

In 2004, Edward Masry and appellant Joette Masry, husband and wife, created the Edward and Joette Masry…