Legal Question in Wills and Trusts in California

When naming a beneficiary in a trust, is there a specific clause that should be used, way to describe the beneficiary with enough sufficiency to identify them?


Asked on 7/29/10, 3:28 pm

3 Answers from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

You have answered the question yourself. You need not be ultra technical here. Just name the beneficiary as simply and practically as you can so that there is no ambiguity. If two people have similar names, show their entire names, including Jr. or Sr. or II or III. The key is to not leave any doubt as to whom you are making the beneficiary.

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Answered on 8/03/10, 3:36 pm
James Bame San Diego Law Office

Usually their name is sufficient, if there is ambiguity with the name, then you may want to use language to differentiate between the candidates. Please do not try drafting the trust yourself or with a form you may have obtained somewhere. You should have an attorney do so. This office will draft the instrument and all accessory estate planning documents for a very reasonable fee. Contact me directly.

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Answered on 8/03/10, 4:01 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

And tell the beneficiary or give them a copy of the trust instrument. Too many people on LawGuru asking why Aunt Maude is saying there's no will.

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Answered on 8/03/10, 5:27 pm


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