If you are considering changing the terms of a trust in Citrus Heights, a trust modification petition may be the route you need. Trusts are living documents that often require updates as family circumstances, assets, or goals evolve. The Law Offices of Robert P. Bergman can help you evaluate whether a court petition is necessary, explain the local procedures in Sacramento County, and protect your interests throughout the process. Our approach is focused on clear communication, careful document review, and practical problem solving to secure an outcome that reflects your current intentions while minimizing delay and uncertainty.
Many people assume that trusts are fixed forever, but California law provides mechanisms to modify or reform trust terms when circumstances change or when the document fails to reflect the settlor’s intent. A trust modification petition can address mistakes, changed family dynamics, or unforeseen tax or asset issues. We guide clients through gathering supporting evidence, preparing petitions, and working with trustees and beneficiaries to pursue a resolution that is legally sound and respectful of family relationships. Our goal is to make the process as straightforward as possible for clients in Citrus Heights and across Sacramento County.
A trust modification petition can prevent future disputes, clarify intentions, and ensure estate plans remain effective as circumstances evolve. When a trust no longer aligns with current family relationships, asset holdings, or tax planning needs, seeking a formal modification can restore clarity and legal enforceability. This process may also prevent costly litigation down the line by addressing ambiguities before they escalate. In many cases, timely action preserves the settlor’s wishes and protects beneficiaries from unintended consequences. Proper legal handling helps maintain continuity and gives family members confidence in the trust’s administration going forward.
The Law Offices of Robert P. Bergman provides estate planning and trust litigation services with a focus on clear communication and practical results. Serving clients in San Jose, Citrus Heights, and throughout California, the firm assists with trust drafting, administration, and court petitions to modify or reform trust instruments. We combine procedural knowledge of Sacramento County courts with a practice centered on understanding client goals and family dynamics. Our representation emphasizes careful preparation of documents and evidence, thoughtful negotiation with other parties when possible, and diligent advocacy in court when necessary to achieve the desired resolution.
A trust modification petition is a legal request filed with the probate or superior court asking the judge to change the terms of an existing trust or to reform the document to reflect the settlor’s actual intent. Grounds for a petition vary and can include errors in drafting, changes in law, changed circumstances among beneficiaries, or the need to address tax or asset management issues. The court will consider the trust language, extrinsic evidence of intent, and any objections raised by trustees or beneficiaries. The goal is to arrive at a remedy that honors the settlor’s wishes while complying with California trust law and procedural rules.
Preparing a petition requires gathering documentary evidence, drafting clear legal arguments, and providing notice to interested parties. Evidence might include earlier versions of the trust, correspondence with the settlor, witness statements about the settlor’s intent, or financial records showing changed circumstances. The petition must explain why modification or reformation is necessary and propose specific changes. The court may hold hearings, allow objections, or appoint a guardian ad litem in certain situations. With careful preparation and attention to local court practices, many petitions can be resolved without protracted litigation, though court involvement is sometimes required to finalize changes.
A trust modification petition asks a court to alter the terms of an existing trust or to correct mistakes that prevent the trust from reflecting the settlor’s intent. This petition may be appropriate when the trust contains drafting errors, ambiguous language, or provisions that have become unworkable. Courts evaluate requests based on statutory authority and case law, often considering whether extrinsic evidence supports a change. Modifications can be prospective to allow new administration procedures or retroactive to correct a mistake. Understanding eligibility, applicable standards, and likely outcomes helps clients decide whether a petition is the right path for their situation.
The trust modification process typically involves identifying the specific provisions to change, compiling supporting documentation, drafting a petition that details the requested relief and legal basis, and providing proper notice to trustees and beneficiaries. Courts review petitions to ensure changes conform with California law and do not unfairly prejudice interested parties. In some cases, mediation or settlement discussions among beneficiaries and trustees can resolve issues without a contested hearing. When disputes arise, the judge will weigh evidence including testimony, prior drafts, and contemporaneous communications to determine whether modification or reformation is warranted under the law.
Understanding common terms used in trust modification matters helps clients follow the process and make informed decisions. Terms such as settlor, trustee, beneficiary, reformation, modification, extrinsic evidence, and material mistake frequently arise in petitions and hearings. Familiarity with these words clarifies what documents and proof will be most relevant and how the court evaluates requests for change. Providing clear definitions and practical examples allows clients to participate fully in decisions about their trust and the petition strategy, improving communication with legal counsel and other interested parties throughout the case.
Settlor refers to the person who created the trust and placed assets into it. The settlor’s intent is central in modification petitions because courts often seek to honor the original purpose and wishes. Evidence of the settlor’s intent can include prior drafts, statements to witnesses, or related estate planning documents like wills or powers of attorney. When the settlor is alive, their current wishes may guide a court’s decision; when the settlor is deceased, the court relies on available evidence to determine what the settlor would have wanted based on the trust language and supporting materials.
Reformation is a legal remedy that corrects a written trust to reflect the true intent of the settlor when the document contains a mistake or error. It differs from modification in that reformation focuses on ensuring the trust accurately embodies the original intent rather than changing the settlor’s stated intent. Courts consider extrinsic evidence to identify errors and to determine the appropriate corrected language. Reformation can be sought when clerical mistakes, drafting errors, or misunderstandings have led to terms that do not match what the settlor intended.
A trustee is the individual or entity responsible for managing trust assets according to the trust’s terms and for the benefit of the beneficiaries. Trustees owe fiduciary duties to act in the beneficiaries’ best interests, to follow the trust document, and to provide required disclosures. When a petition to modify a trust is filed, the trustee must often be notified and may participate in settlement negotiations or contest the requested changes. The trustee’s role in implementing any agreed or court-ordered modifications is critical to ensure that trust administration continues lawfully and effectively.
A beneficiary is a person or entity entitled to receive property or benefits from the trust under its terms. Beneficiaries have interests that can be affected by any proposed modification, and California law requires that they receive notice of proceedings that might change their rights. Beneficiaries may agree to modifications, object to proposed changes, or request clarification of ambiguous provisions. Courts consider the potential impact on beneficiaries when deciding whether to approve a modification or reformation, balancing respect for the settlor’s intent with the need to protect beneficiaries’ legal rights.
When addressing a trust that needs change, there are multiple paths including informal negotiation among interested parties, a written agreement to amend the trust, or a petition to the court to modify or reform the document. Informal approaches may be quicker and less expensive but require cooperation and clear documentation. Agreements signed by beneficiaries and trustees can be effective when all parties consent and the trust allows amendment by agreement. A court petition becomes necessary when parties disagree, when the trust needs formal correction, or when a neutral decision is required to resolve competing claims. Selecting the right approach depends on the facts, the level of cooperation, and the legal issues involved.
Informal discussions or a signed agreement to amend the trust may be sufficient when the changes are minor, the settlor or beneficiaries are in agreement, and the trust explicitly allows amendment by consent. In such scenarios, parties can document the change, update the trust records, and avoid court expense and time. Clear written consent from affected beneficiaries and trustees can preserve relationships and expedite administration. However, it is important to ensure that any agreement complies with trust terms and California law to prevent future disputes or challenges that could arise if the documentation is incomplete or unclear.
When family members and trustees communicate openly and supporting evidence of the settlor’s intent exists, parties often resolve issues without involving the court. This path works best when all interested persons can reach a mutually acceptable solution and sign a written amendment or settlement agreement. That agreement should be carefully drafted to document the reasons for change and to reflect the precise language intended for the trust. Proper legal review can help prevent ambiguity and protect the agreement from later challenges, keeping the trust administration process efficient and respectful of family relationships.
A court petition is often necessary when beneficiaries disagree about the trust’s meaning or when evidence suggests the trust does not reflect the settlor’s true intent. Contested matters require formal legal filings, evidence gathering, and court hearings where a judge will decide the issue. Court proceedings provide a neutral forum to evaluate competing claims and allow for formal discovery, witness testimony, and judicial rulings. When relationships are strained or the legal questions are complex, pursuing a court petition ensures that the process follows established procedures and results in an enforceable judicial determination.
When a trust contains material drafting errors, ambiguous provisions with significant consequences, or conflicts with other estate planning documents, a judicial petition may be the most reliable way to secure a lawful and binding resolution. Complex issues such as tax implications, competing beneficiary claims, or questions about the validity of certain trust provisions frequently necessitate court intervention. The court’s involvement provides finality and clarity, which can be essential to avoid prolonged uncertainty or subsequent litigation over administration and distribution of trust assets.
Taking a comprehensive approach to a trust modification petition helps ensure the proposed changes are legally sound, well-documented, and less vulnerable to future challenges. Thorough preparation includes collecting supporting documents, obtaining witness statements when appropriate, and carefully drafting the petition to present a persuasive and coherent narrative to the court. This attention to detail reduces the likelihood of procedural setbacks and strengthens the position of the party seeking modification. It also helps trustees and beneficiaries understand the rationale for changes and anticipate how administration will proceed after the court’s decision.
A comprehensive process also considers practical administration, tax outcomes, and the long-term effects of any modifications. Addressing these matters proactively can prevent unintended consequences, protect beneficiaries’ interests, and simplify ongoing trust management. Where possible, efforts are made to resolve disputes through negotiation or mediation before resorting to litigation, preserving relationships and saving time and expense. When court action is necessary, the comprehensive preparation ensures a clear presentation of facts and law, which enables the court to reach a reliable and enforceable decision.
Careful preparation and clear documentation of a trust modification reduce ambiguity about the settlor’s intent and the effect of changes, which lowers the likelihood of future litigation. When the court issues an order or when parties sign a well-drafted agreement, the resulting clarity helps trustees administer the trust confidently and beneficiaries understand their rights. This certainty benefits families by minimizing recurring disputes and providing a stable framework for managing and distributing assets according to the updated terms.
A thorough approach balances the need to honor the settlor’s wishes with the obligation to protect beneficiaries’ legal interests. Properly prepared petitions and agreements ensure that modifications align with governing law and consider tax, administrative, and practical consequences. By anticipating potential objections and documenting the reasons for change, parties can reduce the risk of reversal or collateral challenges. The result is a more durable estate plan that reflects contemporary realities while preserving the settlor’s underlying objectives for distributing and managing assets.
Collecting all relevant documents at the outset streamlines the modification process and strengthens your position. This includes the current trust document, earlier drafts, related estate planning instruments like wills and powers of attorney, financial records showing asset transfers, and any correspondence that reflects the settlor’s intentions. Timely assembly of this evidence helps clarify the reasons for change and can reduce delays in drafting the petition or negotiating with other parties. Organizing documents also supports efficient discussion with counsel and helps identify which items will carry the most weight in court or settlement talks.
When proposing changes to a trust, it is important to consider not only immediate objectives but also the long-term implications for trust administration and taxes. Certain modifications can affect fiduciary duties, distribution timing, and potential tax treatment of assets. Thoughtful planning addresses these issues in the petition or agreement so that the revised trust functions as intended for years to come. Consulting with counsel about administrative logistics and tax considerations reduces the likelihood of unintended outcomes and helps preserve the trust’s purpose for beneficiaries.
People seek trust modifications for many reasons including changes in family structure, errors in the original draft, updated tax planning needs, or newly acquired assets that do not fit the existing terms. Sometimes a settlor’s intent was not accurately captured due to drafting mistakes, or beneficiaries’ circumstances have changed significantly since the trust was created. In those situations, a petition can correct the record and align the trust with current realities, ensuring that administration and distribution proceed according to the revised plan and the settlor’s objectives.
Other reasons to consider a petition include resolving ambiguity between conflicting documents, addressing unintended consequences of prior planning, or clarifying successor trustee appointments when circumstances have shifted. A court-driven solution can provide finality and reduce the risk of future challenges, particularly when beneficiaries disagree or when the trust’s language could be interpreted in multiple ways. Taking proactive steps through a petition helps stabilize administration and protect both fiduciaries and beneficiaries from ongoing uncertainty or dispute.
Typical circumstances prompting trust modification petitions include drafting errors that conflict with other estate planning documents, changes in family status such as marriages, divorces, births, or deaths, and the discovery of assets that were omitted or titled incorrectly. Other common triggers are tax law changes that affect trust administration, unclear distribution provisions that create competing beneficiary claims, and trustee incapacity requiring revised administration terms. Identifying the underlying cause helps determine whether negotiation, amendment by agreement, or a court petition is the most appropriate remedy.
Drafting mistakes or ambiguous language in a trust can create confusion about how assets should be managed or distributed. When the written terms differ from other planning documents or from what the settlor intended, beneficiaries and trustees may be uncertain about their obligations. Addressing these problems early through amendment or court reformation can prevent disputes and ensure that the trust operates according to the settlor’s true intent. Careful review and documentation of the settlor’s prior statements and drafts often provide the evidence necessary to correct the record and refine the trust language.
Life events such as marriages, divorces, births, or deaths can alter the appropriateness of a trust’s terms. A provision that once made sense may no longer reflect the settlor’s priorities after major family changes. Adjusting the trust can accommodate new beneficiaries, remove individuals whose relationship to the settlor has changed, or revise distribution timing to better suit the current situation. Addressing these changes proactively through proper legal procedures helps maintain fairness and clarity among affected parties.
Sometimes a trust’s provisions create unexpected tax implications or administrative burdens that were not foreseen when the document was drafted. Modifying the trust can provide more efficient administration, improve tax outcomes, or clarify trustee powers to manage complex assets. When these issues arise, a careful review of the trust terms and potential changes helps identify solutions that preserve asset value and simplify ongoing management. Court petitions may be appropriate when changes affect multiple beneficiaries or when a formal legal determination is needed to validate the new structure.
We provide practical legal assistance to residents of Citrus Heights and Sacramento County who need help with trust modification petitions and related estate planning matters. Our services include evaluating whether a petition or an agreement is most appropriate, preparing detailed filings, advising on notice requirements, and representing clients at hearings when necessary. We also help coordinate trust changes with related documents like wills, powers of attorney, and health care directives so that the entire estate plan remains consistent. Clients can rely on responsive communication and thorough preparation through every stage of the process.
Choosing representation for a trust modification petition involves selecting counsel who understands both the legal standards and the human dynamics often involved in trust disputes. At the Law Offices of Robert P. Bergman, we focus on thorough case preparation, careful review of trust documents, and clear communication with clients and other interested parties. Our practice emphasizes practical solutions that aim to resolve issues efficiently, whether through negotiation or court proceedings, while protecting clients’ rights and working toward outcomes that honor the settlor’s intent.
We assist clients in compiling the documentary and testimonial evidence necessary to support a petition, navigating local court procedures, and anticipating potential objections. When litigation is required, we present a well-organized case that clearly explains the requested modifications and the legal basis for relief. We also pursue settlement opportunities when appropriate to avoid unnecessary expense and preserve family relationships. Throughout, we prioritize transparency about options, timelines, and likely outcomes so clients can make informed decisions at each step.
Our services extend beyond the courtroom to include coordination of trust changes with related estate planning tasks such as updating wills, powers of attorney, and health care directives. This holistic approach ensures that any modification fits within the broader estate plan and avoids inconsistencies that could lead to future disputes. We provide practical guidance tailored to each client’s circumstances and work diligently to protect beneficiaries’ interests and the integrity of estate planning documents.
Our process begins with a careful review of the trust and related documents to determine the most effective path forward. We meet with clients to gather facts, review prior drafts and communications, and identify key witnesses or evidence that support the requested changes. Next, we outline options including informal amendment, negotiated agreement, or a court petition, and recommend the approach that best protects the client’s interests. If a petition is necessary, we prepare the filing, handle notice to interested parties, and represent clients in hearings while maintaining clear communication throughout the case.
The initial phase focuses on fact gathering and legal analysis to determine whether modification, reformation, or another remedy is appropriate. We examine the trust, related estate planning documents, and any prior drafts or correspondence that shed light on the settlor’s intent. We also consider whether parties are likely to cooperate and whether negotiation could be effective. Based on this review, we recommend a strategy that balances the client’s objectives with the likelihood of success in court or through alternative dispute resolution.
Comprehensive document review is essential to building a strong petition or amendment. We collect the trust and any earlier versions, related wills, powers of attorney, financial records, and correspondence that reflect the settlor’s wishes. We also identify potential witnesses who can attest to intent or clarify circumstances surrounding the trust’s creation. A thorough evidentiary record supports persuasive legal arguments and helps to anticipate opposing positions, enabling more effective negotiation or presentation to the court when necessary.
After review, we meet with the client to discuss findings and to outline recommended next steps. This meeting covers the options available, likely timelines, costs, and potential outcomes associated with negotiation versus court action. We explain notice requirements to trustees and beneficiaries and discuss how to minimize conflict where possible. With a clear plan in place, we proceed to prepare the necessary documents, seek voluntary resolutions when feasible, and prepare filings when a judicial remedy is required.
Once a decision to seek judicial relief is made, we prepare the petition to modify or reform the trust and ensure all procedural prerequisites are met. This includes drafting pleadings that detail the requested relief and the evidentiary basis for it, and providing statutory notice to interested parties. We also pursue settlement discussions and mediation where appropriate to try to resolve disputes without a contested hearing. These efforts often result in more efficient resolution and reduce the emotional and financial cost associated with extended litigation.
Drafting the petition involves careful legal framing of the requested modifications, preparing declarations from witnesses and parties, and attaching documentary evidence that supports the claim. The petition must clearly explain why the change is needed, reference applicable law, and propose specific revisions or reformation language. Accurate and persuasive drafting helps the court understand the factual and legal basis for relief and reduces the chance of procedural disputes that could delay the case or undermine the requested outcome.
Proper notice to trustees, beneficiaries, and other interested persons is required under California law and gives parties an opportunity to respond or negotiate. We handle the mechanics of service and ensure compliance with statutory timelines and court rules. Engaging interested parties early by presenting the rationale and evidence for the proposed modification can lead to agreements that avoid contested hearings. When objections arise, we are prepared to respond with evidence and legal argument to support the requested relief in court.
If settlement is not possible, the matter proceeds to hearing where the court reviews evidence and issues an order granting or denying the requested modification or reformation. We prepare witnesses, present documentary proof, and make legal argument to support the petition. Once the court issues an order, we assist with implementing the changes by updating the trust instrument, advising trustees on revised duties, and coordinating related updates to wills, powers of attorney, or beneficiary designations to ensure consistency across the estate plan.
At hearings, the court considers testimony, prior drafts, and other evidence to determine whether the trust should be modified or reformed. We ensure witnesses are prepared and evidence is presented clearly and persuasively. Judicial proceedings require adherence to rules of evidence and procedure, so careful preparation is essential. The goal is to provide a coherent narrative that explains why the proposed change accurately reflects the settlor’s intent or corrects an identified mistake, enabling the judge to issue a well-reasoned order.
Following a court order, we assist with formalizing any revised trust documents, updating asset titles if necessary, and advising trustees on new administration procedures. We also coordinate updates to related estate planning documents to prevent inconsistencies. Proper implementation ensures that the order’s directions are followed and that trust administration proceeds according to the updated terms. We provide clear guidance to trustees and beneficiaries about their roles and responsibilities to help prevent subsequent misunderstandings.
Modifying a trust generally refers to changing the terms going forward, often through agreement among the settlor and beneficiaries or by following amendment provisions in the trust. Reformation, on the other hand, is a judicial remedy that corrects the trust document to reflect what the settlor actually intended when the written instrument contains a mistake. Reformation is used to address errors that prevent the trust from expressing the settlor’s true wishes, whereas modification can be broader and may involve deliberate changes agreed upon by interested parties. Whether modification or reformation is the appropriate path depends on the facts. When all interested parties consent and the trust allows amendment, an agreement may suffice. When there is a drafting error, or when parties disagree, a petition for reformation or judicial modification may be necessary. Courts will examine evidence, including prior drafts and communications, to determine the proper remedy and to ensure that any change aligns with the settlor’s intent and applicable law.
A court may change the terms of a trust when there is adequate legal basis such as a material mistake, ambiguity that prevents proper administration, or circumstances that make the original terms impracticable. California statutes and case law provide standards for relief, and the court evaluates whether extrinsic evidence supports the requested change. A petition for modification or reformation must present facts and evidence demonstrating the need for judicial intervention. Courts also act when parties cannot resolve disputes through negotiation and when legal clarity is needed for administration. The process involves filing formal pleadings, providing notice to interested persons, and presenting evidence at a hearing. The court issues an order that reflects the remedy it finds appropriate, giving finality to the modified or reformed terms.
Beneficiaries do not always have to agree to a modification, but their agreement can make the process simpler and avoid the need for court involvement. When all interested parties consent and the trust permits amendment by agreement, a written amendment executed by the parties and the trustee can achieve the desired change without judicial oversight. This path is often faster and less costly when family relationships and cooperation make it possible. When beneficiaries disagree or when the trust contains errors that cannot be resolved by agreement, a court petition may be necessary. In those situations, the court will evaluate the evidence and determine whether modification or reformation is warranted, taking into account any objections and the potential impact on beneficiaries’ rights.
Evidence to support a reformation petition can include earlier drafts of the trust, correspondence or notes reflecting the settlor’s intent, witness declarations from those who discussed the settlor’s wishes, and other documents such as related estate planning instruments. Financial records showing the settlor’s asset transfers or intentions may also be relevant. The goal is to establish a reliable record that explains why the written trust does not reflect the settlor’s true intent and what the correct terms should be. The quality and relevance of evidence are important because courts give weight to clear and contemporaneous documentation. Affidavits from witnesses who had direct conversations with the settlor, and prior drafts that show consistent intent, are often persuasive. A carefully assembled evidentiary package increases the likelihood of a favorable ruling when judicial reformation is necessary.
The length of a trust modification petition varies depending on the complexity of the issues, the number of parties involved, and whether the matter is contested. Simple consensual amendments can be completed in a matter of weeks or months, while contested petitions that require hearings and significant evidence can take several months to a year or more to resolve. Local court scheduling in Sacramento County and the availability of judges and hearing dates also influence timelines. Settling disputes through negotiation or mediation can shorten the process and reduce expense. When litigation is necessary, thorough preparation, timely filings, and proactive case management help move the matter along. Clients should expect regular communication about anticipated timelines and potential delays so they can plan accordingly.
Yes, a trust can be modified after the settlor’s death under certain circumstances. If a trust contains drafting errors or ambiguities that prevent proper administration, interested parties can petition the court for reformation to align the document with the settlor’s known intent. Courts evaluate available evidence like prior drafts, communications, and witness testimony to determine whether reformation is appropriate. Post-death modifications are commonly sought when the settlor’s intent is unclear or when changing circumstances make the original terms impractical. Because the settlor is not available to clarify intent, the court relies on documentary and testimonial evidence to reach a decision, making thorough preparation of supporting materials essential for success.
Modifying a trust can have tax implications depending on the nature of the changes and the assets involved. Certain alterations may affect estate tax considerations, income tax treatment for beneficiaries, or the status of assets held within specific trust structures. It is important to evaluate potential tax consequences before finalizing modifications so that the revised trust achieves the intended financial outcomes without creating unexpected liabilities. Counsel should coordinate with tax advisors when necessary to anticipate and address tax issues. Thoughtful planning in advance of a petition or agreement helps minimize adverse tax consequences while ensuring that the trust modifications support overall estate planning goals and administrative efficiency.
If a trustee refuses to cooperate with proposed changes, the parties may attempt further negotiation or mediation to resolve disputes. When such efforts fail, interested persons can petition the court to resolve the matter. The court can compel cooperation, remove or replace a trustee in certain circumstances, or approve modifications over the trustee’s objections if the evidence supports such relief and the change is consistent with the settlor’s intent. Addressing noncooperation often requires careful legal strategy, including documenting attempts to resolve issues and presenting evidence that justifies court intervention. A formal petition provides a structured way to address refusals and to obtain enforceable court orders that direct trustees on how to proceed.
Alternatives to filing a court petition include negotiating a written amendment with the consent of trustees and beneficiaries, employing mediation to reach a settlement, or executing an amendment permitted by the trust instrument. These options can save time and cost when parties are willing to cooperate and when the trust allows amendment by agreement. An amicable resolution preserves relationships and reduces the uncertainties associated with litigation. When agreement is not possible or when the necessary change requires a judicial determination, a petition becomes the appropriate route. Even in contested matters, mediation or settlement discussions can remain an important part of the process and sometimes resolve disputes without a hearing.
Costs for pursuing a trust modification petition vary with the complexity of the matter, the need for litigation, and the amount of preparation and evidence required. Simple amendments or negotiated agreements can be relatively affordable, while contested petitions that require hearings, expert reports, or extensive discovery will increase costs. Court fees and any costs associated with service of process, witness preparation, and document retrieval should also be considered. We provide transparent fee discussions during early consultations, outline anticipated expenses, and recommend approaches that balance cost with the likelihood of achieving the desired outcome. Where possible, we pursue settlement options to control costs, and we keep clients informed about fees and expenses at each stage of the process.
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