Can Emails to Your Attorney Amend Your Trust? California Court Says No.

If you’re managing a revocable trust in California, you might assume that expressing your wishes in an email to your estate planning attorney is enough to change how your assets will be distributed. A recent California appellate court decision makes it clear: it’s not.

In Trotter v. Van Dyck (Case No. D081916, filed June 27, 2024), the Fourth District Court of Appeal ruled that email correspondence—even when it clearly states your intent—does not constitute a valid trust amendment under California law.

What Happened in Trotter v. Van Dyck?

Mary, the surviving trustor of a revocable family trust, wanted to disinherit her stepdaughter, Wendy. She expressed this intent in an email to her son, Timothy, and later sent her estate planning attorney a partially completed estate planning questionnaire.

In the questionnaire, Mary wrote next to Wendy’s name: “NO CONTACT – WOULD PREFER TO DROP FROM WILL – IF POSSIBLE”. Mary underwent surgery the next day and died shortly thereafter without signing any formal trust amendment.

After Mary’s death, Timothy petitioned the probate court to determine whether his mother’s emails and questionnaire constituted a valid amendment to her trust. Both the probate court and the appellate court said no.

Why the Court Rejected the Email as a Trust Amendment

The court identified three critical failures:

No signed document: Mary’s trust required amendments to be “in writing, signed by Mary, and delivered to the trustee.” There was no signed document amending the trust.

Electronic signatures don’t apply here: The Uniform Electronic Transactions Act (UETA) doesn’t apply to unilateral trust amendments because they don’t constitute a “transaction” under the statute.

Lack of testamentary intent: The court found that Mary’s writings appeared to be correspondence between a client and her attorney about potential changes, with the expectation that her attorney would later formalize an amendment—not a completed testamentary act.

What This Means for California Families with Trusts

If you have a revocable trust and want to make changes—whether to disinherit someone, add a beneficiary, or adjust distribution percentages—informal communication is not enough. Here’s what you need to know:

Follow your trust’s amendment procedures exactly: Most trusts require a signed, written amendment delivered to the trustee.

Don’t rely on emails or notes: Even if your intent is crystal clear, California courts will not honor informal expressions of intent as legal amendments.

Work with your attorney to formalize changes: Discussing your wishes with your estate planning attorney is an important first step, but those discussions must be followed by properly executed legal documents.

Act before it’s too late: Mary’s case is a tragic reminder that sudden illness or surgery can leave estate plans incomplete. If you’re considering changes, don’t delay.

How Can I Properly Amend My Trust in California?

To validly amend a revocable trust in California, you typically need to:

Review your trust document to understand the specific amendment requirements

Work with an experienced estate planning attorney to draft a formal amendment

Sign the amendment (and have it notarized if required)

Deliver the signed amendment to your trustee

Keep the amendment with your trust documents

Protect Your Family’s Future with Proper Estate Planning

At California Probate and Trust, PC, we help Sacramento-area families avoid costly mistakes like the one in Trotter v. Van Dyck. Whether you need to create a new trust, amend an existing one, or navigate probate after a loved one’s death, our certified estate planning specialists provide transparent, compassionate guidance every step of the way.

We offer free consultations to California residents who want to protect their families and ensure their wishes are honored. Don’t leave your legacy to chance—let us help you formalize your estate plan the right way.

Schedule Your Free Consultation Today

Contact California Probate and Trust, PC to discuss your estate planning needs. Our experienced attorneys will review your situation, explain your options, and help you create a plan that protects your family for generations to come.

Case Details

Case Name: Trotter v. Van Dyck

Case Number: D081916

Filed: June 27, 2024

Court: California Court of Appeal, Fourth District, Division One

Source: California Lawyers Association

Full Opinion: Fourth District Opinion (PDF)

Legal Disclaimer

This article is provided for informational purposes only and does not constitute legal advice. The information contained herein is based on California law as of the date of publication and may not reflect recent legal developments. Every estate planning situation is unique, and the application of law can vary based on specific facts and circumstances. You should not rely on this article as a substitute for professional legal advice tailored to your individual situation. For specific guidance regarding trust amendments, estate planning, or probate matters, please consult with a qualified California estate planning attorney. California Probate and Trust, PC is available to provide personalized legal counsel to California residents and those managing California-based assets.