Legal Question in Wills and Trusts in California

If it is in your will, it is one way, with proper witnesses and proper language in the witness document. If its in trust, can be done with a notorized statement. Be cautious, many trusts or wills have been held invalid or not followed if done incorrectly.

You should return to where your original will and trust were done to have these changes made.

If your trust sets forth each beneficiaries� shares of the estate, then the proper way to change these shares is by an amendment to the trust. An amendment to the trust need not be complicated but it does need to identify, amend or revoke the particular provision or provisions that you want to change and then state the new provision to be included. It is usually advisable to have an attorney assist you with a trust amendment in order to ensure that all necessary language and provisions are included. A trust amendment, like a trust, does not have to be, but it is recommended, that it be notarized.

If you have a trust, it�s likely that your will is a pour over will. If that�s the case, then, your will probably does not specifically address the beneficiaries�� percentages. If it does, though, you can either add a codicil to your will, particularly if it�s only the percentages that are changing, or you can have a new will drawn up. Whether it�s a codicil or a new will, the document will have to be witnessed in the same manner as your original will.