Balistreri v. Balistreri
The court held that a trust amendment that fails to follow the amendment procedure expressly set out in the trust instrument-such as the requirement that the amendment be a notarized written instrument-is void, and therefore the un-notarized amendment to the Balistreri Family Trust was invalid despite any default revocation method under the Probate Code, reaffirming that the trust's specified amendment formalities control and cannot be superseded by statutory provisions.
Date Filed: February 24, 2022
Case Name: Balistreri v. Balistreri
Case Number: A162222
Court: California Court of Appeal, First Appellate District, Division Three
The court decides that a trust amendment that does not follow the amendment procedure expressly set out in the trust instrument is void, even though the Probate Code’s default revocation method might otherwise apply. Accordingly, the appellate court affirms the trial court’s ruling that the un‑notarized amendment to the Balistreri Family Trust is invalid because the trust required a notarized written instrument. This holding reinforces that a trust’s specified amendment formalities are controlling and cannot be overridden by the statutory revocation provisions, emphasizing strict compliance with trust amendment requirements in California probate practice.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.