King

The majority holds that under Probate Code section 15402, if a trust instrument states any method for modification of a trust, that method is the exclusive method by which the trust may be amended. 1 Because I conclude that section 15402 permits modification by the method established in section 15401, subdivision (a)(2), unless that method is explicitly excluded by the terms of the trust, I respectfully disagree with the majority.

If there had been a statute governing modification of trusts in existence prior to the 1987 revision of the Probate Code, an interpretation such as the majority’s interpretation of section 15402 would have some support in case law. (See Rosenauer v. Title Ins. & Trust Co. (1973) 30 Cal.App.3d 300, 301, 304 [ 106 Cal.Rptr. 321 ]; see also Hibernia Bk. v. Wells Fargo Bank (1977) 66 *1195 Cal.App.3d 399, 404 [ 136 Cal.Rptr. 60 ] ,) 2 Sections 15401 and 15402 were not enacted, however, to reflect that case law. They were enacted in response to a perceived need to move away from such a restrictive interpretation.

In 1985, the California Law Revision Commission (Commission) looked toward submitting a number of recommendations to the Legislature regarding the…

—This is an appeal from an order granting a petition to determine the construction of a trust and the validity of certain trust amendments. We conclude that the trial court correctly construed the trust and found that the amendments to the trust were invalid. Accordingly, the order will be affirmed.

BACKGROUND

In July 2004, Zoel Night Lynch and Edna Mae Lynch, a married couple, created a revocable trust. 1 The trust designated the settlors, Zoel and Edna, as initial trustees of the trust. The trust provided that during the lifetime of the settlors, the income and principal of the trust would be used for the support of the settlors.

Article “FOURTH” of the trust concerned modification and revocation. That article provided, with omissions not pertinent to this appeal, the following:

Zoel and Edna had five children, David Eric Lynch, Nancy Street, Mary Jo Tirman, Judith E. King, and Thomas Francis Lynch. Thomas predeceased his parents leaving two daughters surviving, Sandra Lynch and Susan Lynch.

The original trust provided that after the death of Zoel and Edna, Nancy, Mary, Judith, and David were each to receive a distribution of $100,000 from the trust, and Sandra and…