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California Probate Code Section 16060.5

Legal Research Home > California Laws > Probate Code > California Probate Code Section 16060.5

16060.5.  As used in this article, "terms of the trust" means the
written trust instrument of an irrevocable trust or those provisions
of a written trust instrument in effect at the settlor's death that
describe or affect that portion of a trust that has become
irrevocable at the death of the settlor. In addition, "terms of the
trust" includes, but is not limited to, signatures, amendments,
disclaimers, and any directions or instructions to the trustee that
affect the disposition of the trust. "Terms of the trust" does not
include documents which were intended to affect disposition only
while the trust was revocable. If a trust has been completely
restated, "terms of the trust" does not include trust instruments or
amendments which are superseded by the last restatement before the
settlor's death, but it does include amendments executed after the
restatement. "Terms of the trust" also includes any document
irrevocably exercising a power of appointment over the trust or over
any portion of the trust which has become irrevocable.


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Last modified: March 17, 2014