Many people do not realize that a trust may be invalid. A trust is a complex document that should be drafted by an experienced attorney. However, many people who try “do it themselves” fail to update their trust document, which can result in it being invalid. There are eight basic elements that must be satisfied under California law for a valid trust:

  1. Intent to create a trust
  2. Capacity, which is typically 18 years or older and of sound mind
  3. Statute of Frauds, which means most trusts must be set forth in writing
  4. Legal purpose to trust (cannot be against the law or public policy)
  5. Trust must be funded with something of monetary value
  6. Trustee must have legal title to trust assets
  7. Beneficiary must have the right to receive trust assets
  8. No violation of the rule against perpetuities for future interests, which means the trust’’s purpose must be met within a certain number of years

The failure of a trust to meet any one of these elements can render it invalid. If you are unsure whether a trust document is valid, let us help. We can review the trust document and help you understand its terms. We can help with all trust related matters, and are ready to walk with you every step of the way. We remain available to walk you through this uncertain time and to assist you in making good decisions.  To schedule an appointment, call The Legacy Lawyers at (714) 963-7543.