My brother has a declaration of trust, he prepared a codicil that mentions a will and not the trust.Is this a legal document?
1 Answer from Attorneys
It is impossible to say without reviewing the documents. There is nothing that would prevent someone from having a will and a trust, if that is what you are asking. The trust only would affect those assets which have been transferred to the trust. Just because someone has a trust does not mean he or she is required to transfer all assets into the trust.