Where the trust expressly required that amendments be made by a signed writing, handwritten interlineations on a trust instrument did not constitute a valid amendment because they were not signed.
Anderson created a revocable trust and amended it to name 15 different beneficiaries. Anderson later decided to amend his trust for a second time to reduce the number of beneficiaries and modify their respective percentages under the trust. He made handwritten interlineations to the first amendment, naming his friend Dey and others as beneficiaries. He then mailed to his attorney the original trust, the first amendment with the handwritten interlineations, and a Post-it® note asking his attorney to formalize his notes into a second amendment for his signature. Anderson then died without signing the second amendment. Pena, the trustee, sought instructions from the court confirming the handwritten interlineations did not constitute a valid amendment. The court granted summary judgment in Pena’s favor and Dey appealed.
The court of appeal affirmed. Although it was clear Anderson intended to amend the trust, it was also clear he never actually signed a writing in compliance with the trust’s terms to effectuate his intent. The trust required that amendments “be made by written instrument signed by the settlor and delivered to the trustee.” The interlineations did constitute a writing separate and apart from the printed trust instrument itself, as required. And because Anderson was also the trustee he also effected delivery. However, the document was not signed. The interlineations therefore did not comply with the trust’s express requirement that amendments be signed. Nor can the Post-it® note Anderson attached to the documents he sent his attorney be deemed a part of the written instrument such that Anderson’s signature on the note effectively signed the interlineations. That Post-it® note was a separate writing that simply identified the enclosed documents.
Case Details:
Source: California Lawyers Association – Pena v. Dey
Full Opinion: Third District Opinion PDF
# Why Handwritten Trust Amendments Fail in California: What Pena v. Dey Means for Your Estate Plan
If you’re a California resident with a revocable trust, you might assume that simply writing changes on your trust document is enough to update it. A critical 2019 California Court of Appeal case proves otherwise—and the consequences of this misunderstanding can be devastating for your family.
## The Problem: When Good Intentions Aren’t Enough
Many Californians create revocable trusts to protect their families and avoid probate. But what happens when you make handwritten changes to your trust without following the proper legal requirements? In Pena v. Dey, the Third District Court of Appeal ruled that even clear intent to amend a trust isn’t sufficient if the amendment isn’t properly signed.
## What Happened in Pena v. Dey?
Anderson created a revocable trust and initially amended it to name 15 beneficiaries. Later, he decided to reduce the number of beneficiaries and adjust their inheritance percentages. He made handwritten notes directly on his first amendment, identifying his friend Dey and others as new beneficiaries.
Anderson then mailed these handwritten changes to his attorney along with a Post-it note requesting that the attorney formalize the changes into a proper second amendment for his signature. Tragically, Anderson died before signing the formal amendment.
## The Court’s Decision: Form Matters as Much as Intent
The trustee asked the court to confirm that the handwritten changes weren’t valid. The court agreed, and the Court of Appeal affirmed this decision.
Here’s what the court found:
## What This Means for California Trust Holders
Key takeaway: Your trust document is a legally binding contract with specific requirements. If your trust requires signed amendments, you must follow that procedure—no exceptions.
This case answers critical questions for California residents:
## How to Properly Amend Your California Trust
To ensure your wishes are honored, follow these steps:
## Real-World Impact: Protecting Your Beneficiaries
In Pena v. Dey, Anderson’s friend Dey lost out on an inheritance entirely because of a missing signature. The beneficiaries from the earlier, properly executed amendment received the estate instead—likely not what Anderson intended.
This isn’t just a technical legal issue. When trust amendments fail, families face:
## Case Details
Source: California Lawyers Association – Pena v. Dey
Full Opinion: Third District Opinion PDF
## Get Professional Guidance for Your California Trust
Don’t let a simple procedural mistake undermine your estate plan. If you have a revocable trust in California and need to make changes, or if you’re unsure whether your existing amendments were properly executed, professional guidance is essential.
California Probate and Trust, PC specializes in helping California residents navigate complex trust and estate planning issues. Our experienced attorneys understand the technical requirements that courts enforce and can ensure your trust amendments are legally valid and will withstand scrutiny.
We offer a FREE estate planning consultation where we can:
Don’t wait until it’s too late. Contact California Probate and Trust, PC today to schedule your free consultation and ensure your trust amendments are legally sound.
Protecting your family’s future is too important to leave to chance.