A trust modification petition can be an effective way to update or correct a trust when circumstances or law change. Residents of Camarillo and Ventura County may need to pursue adjustments due to changes in family structure, financial needs, or tax rules. At the Law Offices of Robert P. Bergman we assist clients with careful assessment of goals and estate plan documents to determine whether a trust modification petition is the right path. This introduction explains what to expect, how the process typically proceeds in California courts, and how to prepare information that can support a successful filing and resolution.
When considering a trust modification petition, it helps to understand the legal basis and the potential impact on beneficiaries and trust assets. Trust modification is governed by state law and may require court approval, notice to interested parties, and clear justification for the requested change. Our Camarillo-focused overview will outline common reasons people seek modifications, typical court procedures in Ventura County, and ways to minimize dispute risk. This section sets the stage for deeper explanations of terms, steps, and practical tips so you can make an informed decision about moving forward with a petition.
A trust modification petition matters because it preserves the utility of an existing estate plan while addressing new realities, such as family changes, asset additions, or legal developments. Pursuing a modification can avoid the disruption of creating an entirely new trust and can clarify intentions to reduce future conflicts. It also provides a public, court-supervised path for making lawful changes when the trust document itself does not permit unilateral amendment. For many, a properly drafted petition helps protect beneficiaries’ interests and maintain orderly management of trust assets without unnecessary delay or confusion.
The Law Offices of Robert P. Bergman serve clients across California, including those in Camarillo and Ventura County, with a focus on estate planning and trust-related matters. Our attorneys work closely with clients to gather relevant documents such as the trust instrument, related wills, powers of attorney, and beneficiary designations. We emphasize careful review of trust terms and client objectives, explain options for nonjudicial settlements or court petitions, and strive to resolve disputes when possible through negotiation or mediation. Our approach balances detailed legal analysis with practical advocacy to achieve reliable outcomes for families and trustees.
A trust modification petition is a formal request submitted to the probate or superior court asking for permission to change the terms of an existing trust or to address defects that prevent the trust from functioning as intended. In California, petitions may be necessary when language in the trust is ambiguous, when circumstances have changed, or when a trustee lacks clear authority to act. The court will consider the trust instrument, the reasons for modification, the interests of beneficiaries, and applicable statutes. Preparing a petition requires factual support, legal argument, and timely notice to interested parties to allow for any objections or resolutions.
Not every desired change requires a court petition; some trusts include amendment provisions or allow trustees and beneficiaries to agree to nonjudicial settlements. When a petition is needed, the process typically involves filing a verified petition, serving notice on beneficiaries and interested parties, and attending a court hearing if objections arise. The court may grant the petition, deny it, or fashion a tailored remedy. Understanding which path applies depends on the trust language, the nature of the requested change, and potential objections, which is why careful document review and planning are important for a successful outcome.
A trust modification petition asks the court to alter, interpret, or correct a trust instrument when the trust itself does not provide a clear or lawful means to do so. Common grounds include ambiguous provisions, clerical errors, changed circumstances, or the need to enforce the settlor’s intent where the language is unclear. The petition explains the desired modification, the legal basis for the change, and why the modification aligns with the trust maker’s intent or with equitable considerations. It is a formal remedy intended to provide legal clarity and ensure proper trust administration going forward.
Successful petitions typically include a clear statement of the relief requested, factual support showing why the change is needed, citation to controlling law, and service on all interested parties. Supporting documents may include the trust instrument, wills, prior amendments, accountings, and declarations explaining facts and intent. The court reviews the petition, assesses any objections, and determines whether the requested modification is consistent with the trust maker’s intent and legal standards. The remedy may be a modified trust order, clarification of terms, or other relief tailored to resolve disputes while protecting beneficiaries’ rights.
This glossary highlights terms you will encounter during a trust modification petition: settlor, trustee, beneficiary, amendment, petition, and court order. Understanding these terms helps you follow pleadings, notices, and court rulings. The glossary entries below explain common legal words used in petitions and proceedings, providing context for how they affect your case. Familiarity with these concepts makes it easier to gather necessary documents, identify interested parties, and participate effectively in resolution discussions or court hearings concerning trust modifications.
A trust modification is a legal change to the terms or administration of an existing trust, accomplished either under provisions within the trust itself, by agreement among interested parties, or by a court order. Modifications may correct errors, clarify intent, accommodate new circumstances, or adjust trusts to comply with current laws. When the trust document does not allow for the desired change or when parties cannot reach agreement, a petition may be filed in court to seek approval. The goal is to ensure the trust functions as intended while protecting the rights of beneficiaries and trustees.
The petitioner is the party who files the petition seeking relief from the court, which may be a trustee, beneficiary, or other interested person. Respondents are those served with the petition who have an interest in the trust, often including beneficiaries, co-trustees, or successors. Each side may submit declarations, objections, or supporting documents for the court’s consideration. Understanding these roles helps clarify who must receive notice, who can challenge the petition, and who can propose alternative resolutions during the court process.
The trust instrument is the foundational document that establishes the trust, sets out the settlor’s intentions, and provides the framework for trust administration. Amendments are formal written changes to that instrument made in accordance with the trust’s terms. When amendments are absent, unclear, or contested, a court may be asked to interpret the original instrument or authorize a modification. Reviewing the trust instrument and any amendments is essential to determine whether a court petition is necessary and what relief is appropriate.
A court order is the legal determination issued by the judge resolving the petition and directing how the trust should be modified or interpreted. Remedies may include correction of drafting errors, clarification of ambiguous language, adjustments to trustee powers, or other relief that aligns the trust’s administration with the settlor’s intent. Court orders become part of the record and guide future trust actions, helping trustees and beneficiaries act with confidence and reducing the likelihood of further disputes or misunderstandings about trust authority and distribution.
When changes to a trust are needed, parties can often pursue nonjudicial options if the trust allows or all interested parties agree. These out-of-court approaches can be faster and less costly, relying on written consents and settlements to implement changes. When agreement is not possible or the trust lacks amendment authority, a court petition becomes necessary to resolve ambiguity or dispute. Evaluating which route best fits your situation requires review of the trust document, consideration of beneficiary interests, and assessment of potential costs and timelines associated with court involvement versus negotiated resolution.
A limited nonjudicial approach is often the best choice when all beneficiaries and trustees are willing to sign a written agreement that conforms with the trust’s amendment provisions or applicable law. When parties share a common goal and there is no dispute about intent, a settlement can be drafted to modify terms, reallocate assets, or appoint a new trustee without filing a petition. This path reduces court costs and preserves privacy since it avoids public filings. Careful drafting and proper execution of documents are important to ensure the modification is enforceable and aligned with applicable legal requirements.
If a trust contains a clear typographical error or a minor inconsistency that all parties agree on, this may be corrected without court intervention by executing an amendment or restatement in accordance with the trust terms. Such changes are suitable when they do not alter substantive rights or create new obligations and when beneficiaries consent. Documentation should reflect the basis for the correction and include signatures where required. Even for minor clarifications, maintaining clear records is important to prevent later disputes or challenges to the trust’s administration.
Comprehensive legal assistance is often needed when beneficiaries or trustees disagree over trust terms, distributions, or the trust maker’s intent. When disputes are significant, a court petition can create a formal record, subject matter review, and binding resolution. Legal guidance helps frame persuasive arguments, prepare evidence, and manage procedural requirements such as notice and filings. Legal representation also assists clients in evaluating settlement options, pursuing mediation if appropriate, and preparing for hearings so their interests and rights are properly presented to the court.
When requested changes involve significant tax consequences, complicated asset transfers, or reallocation of retirement accounts, thorough legal review is important. Complex modifications can affect estate tax planning, creditor rights, or beneficiary classifications, and may require detailed documentation and court approval. A comprehensive approach ensures that the requested modification considers related documents such as wills, powers of attorney, and beneficiary designations. Proper planning and legal analysis help minimize unintended consequences and align the modification with the broader estate plan objectives.
A comprehensive approach provides a clear legal record that preserves the trust maker’s intent and reduces the risk of future disputes. Court approval or meticulously documented settlements lend weight to changes and guide trustees in administration with confidence. This approach is especially beneficial when beneficiaries have competing interests or when a change affects distributions, trustee powers, or asset management. Ensuring the modification is properly documented also supports smoother asset transfers and can prevent challenges to transactions taken in reliance on the amended trust.
A thorough process also addresses ancillary matters such as successor trustee appointments, updating related estate planning documents, and aligning beneficiary designations with the revised trust provisions. By considering the trust in the context of the broader estate plan, a comprehensive approach helps coordinate changes across wills, powers of attorney, and health care directives. This coordination reduces gaps or unintended conflicts that can lead to litigation and helps preserve the trust’s intended distribution scheme across different assets and accounts.
When a modification is approved by the court or executed through a well-documented agreement that addresses all interested parties, it greatly reduces the risk that beneficiaries will later challenge trust administration. A formal record of the rationale, findings, and legal authority supporting the change deters disputes and provides a predictable framework for trustees to follow. This stability protects trust assets, minimizes administration delays, and helps beneficiaries receive distributions in accordance with the clarified terms without unnecessary conflict or expense.
A clear court order or detailed modification agreement provides trustees and financial institutions with the documentation they require to carry out transactions, such as transferring assets, accessing accounts, or executing distribution instructions. With properly recorded changes, banks, brokerages, and title companies can process transfers without undue delay or refusal. This practical clarity helps ensure that the trust’s administration proceeds smoothly and that fiduciaries can fulfill their duties while minimizing interruptions to beneficiaries who rely on timely distributions or account management.
Begin by collecting the original trust instrument along with any amendments, related wills, powers of attorney, beneficiary designations, and account statements. A thorough document set helps identify inconsistencies, determine whether the trust allows nonjudicial changes, and reveal any parties who must be notified. Accurate records also support the factual assertions in a petition and facilitate negotiation with interested parties. Providing complete documentation when seeking assistance can speed assessment and reduce the chance of surprises during the court process.
Mediation and settlement negotiations can allow parties to craft mutually acceptable terms without the expense and publicity of court filings. Neutral mediation can facilitate productive conversations and help identify creative solutions that the court might not impose. When mediation succeeds, the resulting agreement can be memorialized in documents that implement the desired modifications. Even when mediation does not fully resolve differences, the process can narrow disputed issues and streamline any subsequent court proceedings, saving time and legal costs for all involved.
People seek trust modification petitions for many reasons, including to correct drafting errors, address changed family circumstances, clarify trustee powers, or adapt to new tax or financial realities. When the trust instrument does not permit a desired amendment or when beneficiaries disagree about interpretation, a petition provides the legal mechanism to resolve the issue. Filing a petition can also protect trustees acting in good faith by securing court guidance or approval for transactions that might otherwise be challenged, thereby reducing the trustee’s personal exposure and preserving trust assets.
Another reason to consider a petition is when assets or property titles do not align with the trust as intended, creating obstacles to efficient administration or transfer. Court action can obtain orders that reconcile title issues, direct transfers, or correct record defects. Additionally, when a settlor’s intent is ambiguous due to inconsistent language or missing provisions, a petition can secure judicial interpretation to ensure distributions reflect the settlor’s wishes. In all cases, careful review and strategic planning help determine whether a petition is the most effective way to achieve your goals.
Typical triggers for petitions include discovery of drafting errors, disputed beneficiary designations, changes in family status like divorce or death, and conflicts over trustee authority. Other circumstances involve changes in asset composition, such as acquiring or disposing of significant property, or legal developments that affect trust administration. When the trust no longer reflects the settlor’s intent or there are competing interpretations, petitioning the court helps produce a binding resolution. Identifying the specific circumstances early helps shape the petition and the evidence needed to support it.
Ambiguities and inconsistencies in trust documents are common reasons to pursue court intervention. When clauses contradict one another or terminology creates uncertainty about distributions, trustee powers, or conditions for distributions, a court can interpret the provisions in light of the settlor’s overall intent. Providing extrinsic evidence, such as related estate planning documents and contemporaneous notes, can assist the court in resolving ambiguity. A clear judicial interpretation prevents conflicting actions by trustees and reduces the likelihood of future litigation among beneficiaries.
Life events such as divorce, remarriage, births, or deaths can render a trust’s provisions outdated or inconsistent with current goals. Similarly, significant changes to asset composition, like acquiring a business or changing retirement planning, may require trust modifications. When these changes affect distribution plans or fiduciary duties, a petition helps realign the trust with current needs. Addressing these matters proactively through modification prevents confusion and ensures that the trust reflects present circumstances and intentions for asset protection and distribution planning.
Errors such as assets titled incorrectly or omitted from the trust can impede administration and lead to disputes over who is entitled to particular assets. A petition can address funding deficiencies by directing transfers, correcting titles, or instructing successors how to proceed. These remedies help ensure the trust functions as intended and enable trustees to distribute or manage assets without uncertainty. Resolving funding or titling issues through the court also helps prevent later claims by creditors or beneficiaries that could complicate administration.
The Law Offices of Robert P. Bergman serve Camarillo and Ventura County clients who need clarity and assistance with trust modification petitions. We help collect documents, prepare pleadings, and manage communications with beneficiaries and trustees. Our goal is to present a clear, organized petition to the court while seeking avenues to resolve disputes short of litigation when possible. We can also guide trustees through notice requirements and post-order steps, ensuring the trust is administered according to the court’s directives and the settlor’s intended distribution plan.
Clients choose our firm because we combine thorough document review with practical advocacy tailored to trust modification matters in Ventura County and throughout California. We prioritize understanding the trust maker’s objectives and designing a legal approach that aligns with those goals while considering the interests of beneficiaries. From initial assessment to final court orders, we focus on clear communication, detailed preparation, and measured negotiation to minimize conflict and cost. This approach helps clients feel informed and supported during a sensitive matter that affects family relationships and asset distributions.
Our representation includes evaluating whether nonjudicial alternatives are feasible, preparing verified petitions when court action is required, coordinating notice and service, and advocating for effective resolutions at hearings. We prepare declarations and supporting exhibits to present the factual record needed for the court’s review and work to resolve issues through agreements when practical. When litigation is necessary, we advocate for results that align with the trust maker’s intentions and preserve the trust’s value for beneficiaries, while always prioritizing clear explanations of options for clients.
We also assist clients with related estate planning updates that often accompany trust modifications, such as revising wills, powers of attorney, HIPAA authorizations, or beneficiary designations to reflect the modified trust. Addressing these documents together helps avoid inconsistencies and ensures that each element of the estate plan supports the overall distribution strategy. Our office provides practical guidance through each step of the process so clients understand consequences, timelines, and potential outcomes before committing to a particular course of action.
Our process begins with a focused intake to gather the trust document and related materials, followed by a detailed review of the trust terms and the facts prompting a change. We then advise whether a nonjudicial solution or a court petition is most appropriate, and outline the steps needed for either path. If a petition is required, we prepare documents, ensure proper notice to interested parties, and present the case to the court. Throughout, we communicate about timing, potential outcomes, and strategies to reduce contention and protect trust assets.
The initial phase involves collecting the trust instrument, amendments, wills, powers of attorney, beneficiary designations, account statements, and any correspondence that explains the trust maker’s intent. We interview clients to understand the facts and objectives behind the requested modification and identify all interested parties who must be notified. This stage is critical to determine whether a petition is required and to assemble the factual and documentary support that will underpin any petition or proposed settlement.
A careful review of the trust document and any amendments reveals whether the trust permits changes without court intervention and identifies potential ambiguities or drafting errors. Examining related estate planning documents helps clarify intent and determine whether other instruments must be updated. This document analysis informs whether to pursue a negotiated resolution, a nonjudicial amendment, or a court petition. It also helps estimate likely responses from beneficiaries and plan an appropriate strategy for communication and notice.
Identifying beneficiaries, successors, trustees, and other interested parties is essential because the law requires notice of petitions and may give those parties the right to object. Anticipating potential objections allows us to address them proactively with supporting facts and legal arguments. Early outreach can sometimes resolve concerns and reduce the scope of contested issues. If objections are likely, we prepare additional evidence and consider ADR options to narrow disputes before formal hearings.
If a court petition is necessary, we draft a verified petition that outlines the relief sought, the factual and legal basis, and the proposed form of order. We assemble supporting declarations, exhibits, and proof of notice to interested parties. Filing the petition initiates the court process and triggers statutory notice requirements to beneficiaries and trustees. Timely and accurate filings help avoid procedural delays and provide a clear record for the court to review when considering whether to grant the requested modification.
The petition sets forth the grounds for modification, ties them to the trust language, and attaches the trust and any relevant documents as exhibits. Declarations from persons with relevant knowledge provide factual context, such as the settlor’s intent or the nature of the drafting error. Clear, well-organized exhibits and declarations help the court understand the need for modification and can reduce the likelihood of contested hearings. Precise drafting also limits ambiguity about the relief requested and the terms of any proposed order.
After filing, the petition must be served on all interested parties within prescribed timeframes, affording them the opportunity to object or respond. Proof of service is filed with the court to demonstrate compliance. The notice process is a critical step because failure to notify a necessary party can delay or invalidate proceedings. Providing clear notice and documentation of service supports the petition’s procedural integrity and helps move the matter toward resolution or hearing without unnecessary setbacks.
If objections arise, the court may schedule a hearing where parties present argument and evidence to support their positions. The court then decides whether to grant the modification, deny it, or tailor relief to address competing interests. Once the court issues an order, trustees and beneficiaries must follow its terms to implement changes to trust administration or asset transfers. Our role includes advising on post-order steps, filing any required documents, and assisting with updating related estate planning instruments to reflect the approved modification.
At hearings, the court considers declarations, documentary evidence, and legal argument to determine whether the requested modification aligns with governing law and the trust maker’s intent. Presenting a clear factual record and persuasive legal framework is essential to obtaining favorable relief in contested matters. Our preparation focuses on organizing evidence, anticipating opposing arguments, and proposing remedies that resolve the dispute while preserving asset values and the settlor’s overarching objectives.
After the court issues an order approving a modification, trustees should follow the order’s terms and update trust records, account registrations, and beneficiary designations as needed. It is also wise to review and update related documents like wills, powers of attorney, HIPAA authorizations, and guardianship nominations to ensure consistency across the estate plan. Proper implementation helps avoid future disputes and ensures that financial institutions and title holders can process transfers in accordance with the updated trust terms.
A trust modification petition is a formal request to the court to alter, clarify, or correct the terms of an existing trust when the trust does not provide a lawful or practical mechanism for the desired change. Typical grounds for petitioning include ambiguous language, drafting errors, changed family or financial circumstances, or disputes among beneficiaries or trustees. The petition explains the relief sought, the factual basis for the change, and why the requested modification aligns with the trust maker’s intent or equitable considerations. The petition process generally requires filing a verified petition, serving notice on interested parties, and presenting supporting documents and declarations. If objections arise, the court may hold a hearing to evaluate evidence and legal arguments. The outcome can include an order modifying the trust, clarifying language, or directing other remedies. Preparing a petition with clear facts and credible supporting exhibits increases the likelihood of a timely and effective resolution.
The timeline for a trust modification petition varies depending on the complexity of the issues, the court’s calendar, and whether the parties reach agreements before a contested hearing. Straightforward matters with no objections may be resolved more quickly through stipulated orders or uncontested hearings, while contested petitions often take longer due to additional filings, discovery, and scheduling of court dates. Local court practices in Ventura County can affect scheduling, so early case assessment helps set realistic expectations. Preparing comprehensive documentation, serving notice promptly, and attempting to narrow disputed issues through negotiation or mediation can help shorten the overall process. Clients should be prepared for procedural steps that include drafting declarations, compiling exhibits, and responding to any objections. Open communication and timely actions by all parties are important to avoid unnecessary delays and to move the matter toward resolution efficiently.
Yes, beneficiaries have the right to oppose a trust modification petition because they have an interest in the trust’s terms and distributions. When beneficiaries object, they may file formal responses or appear at hearings to present contrary evidence or legal arguments. The court considers these objections and will weigh them against the petitioner’s claimed justification for modification, the trust language, and any applicable law. Objections can lead to contested hearings where the parties present evidence and legal positions. Because beneficiaries can oppose petitions, it is important to provide strong factual support and clear legal reasoning when seeking a modification. Early notice and outreach to beneficiaries sometimes allow parties to resolve concerns through settlement or mediated agreement, avoiding protracted litigation. If objections remain, thorough preparation and a well-supported petition increase the likelihood of achieving a favorable court decision.
Yes, there are alternatives to filing a court petition, particularly when the trust document includes amendment provisions or when all interested parties agree to a change. Nonjudicial settlements, signed agreements among beneficiaries and trustees, or executing formal amendments or restatements under the trust’s terms can accomplish many modifications without court involvement. These approaches preserve privacy, reduce costs, and may be completed more quickly than court-supervised proceedings when parties are cooperative. However, when parties cannot agree or when the trust lacks authority to make the proposed change, a court petition becomes necessary to obtain binding approval. Evaluating whether a nonjudicial path is feasible requires reviewing the trust’s provisions and the interests of all parties. Even when a petition is not needed, legal advice can help draft enforceable agreements and ensure compliance with statutory requirements and fiduciary duties.
When discussing a potential trust modification, bring the original trust document and any amendments, copies of wills, powers of attorney, HIPAA authorizations, account statements, deeds, beneficiary designations, and any correspondence that sheds light on the trust maker’s intentions. Also provide a list of beneficiaries, successor trustees, and key asset details. Having complete documentation from the outset allows for a thorough assessment and helps identify whether a petition is necessary or whether a nonjudicial approach will suffice. If there have been communications or notes regarding the settlor’s intent, such evidence can be helpful to the court and to negotiating parties. Providing accurate contact information for interested parties and any prior court orders involving the trust or related estate matters is also important. Preparing this material in advance speeds evaluation and allows quicker development of an appropriate strategy for achieving the desired modification.
Yes, court petitions and resulting orders generally become public records, which means the details of a trust modification petition may be accessible through court filings. This is an important consideration for clients who value privacy. Nonjudicial solutions, such as private agreements executed under the trust’s amendment authority, can avoid public court records when all parties consent. Clients who prioritize confidentiality should discuss alternatives and the privacy implications of different paths with counsel. Even when filings are public, sensitive financial information can often be presented in ways that limit unnecessary disclosure, and court orders can be tailored to balance transparency with privacy concerns. Counsel can advise on strategies to minimize public exposure while ensuring the legal effectiveness of the modification and satisfying procedural requirements for notice and court review if a petition becomes necessary.
Yes, a trustee may file a petition to modify a trust when circumstances require judicial approval for changes or when clarification of trustee authority is needed. Trustees have fiduciary duties to act in the best interests of beneficiaries and may seek court guidance to confirm appropriate actions, obtain instructions, or address uncertainties. Filing a petition can protect trustees by obtaining judicial authorization for actions that might otherwise be questioned by beneficiaries or third parties handling trust assets. Before filing, trustees should document the reasons for seeking modification and consider whether notice and consultation with beneficiaries can resolve issues. When a trustee files a petition, the court evaluates whether the proposed relief is consistent with the trust instrument and the settlor’s intent. Properly framed petitions and supporting evidence help ensure that any court order provides clear direction for trustees to administer the trust in compliance with that order.
Court costs and fees for trust modification proceedings vary depending on the complexity of the matter, whether the case is contested, and the length of court involvement. Filing fees and attorney costs are typical, and contested matters may involve additional expenses for discovery, expert reports, and hearing time. The court may consider allocating fees and costs in an equitable manner based on the circumstances, though orders on fee allocation are fact-specific and depend on statutory provisions and the court’s discretion. Clients should discuss fee arrangements and estimates early in the process to understand likely costs. Exploring nonjudicial alternatives when feasible can reduce expenses. When a matter proceeds to court, careful case management and focused objectives can help control costs. Transparent communication about fees and potential outcomes helps clients make informed decisions about pursuing a petition.
Mediation and settlement play meaningful roles in many trust modification disputes by providing a forum for parties to negotiate solutions without the time and expense of a full trial. A neutral mediator helps parties identify common ground and develop creative remedies that a court might not order. Settlement can result in private agreements or joint petitions that present the court with a proposed order for approval, often streamlining the process and reducing conflict among beneficiaries and trustees. Even when mediation does not fully resolve the case, it can narrow contested issues and help focus subsequent court proceedings. Court-sponsored settlement conferences or private mediation sessions can preserve relationships and produce practical outcomes that balance competing interests. Considering mediation early can save time and reduce the emotional and financial costs of prolonged litigation.
Ensuring changes align with the settlor’s original intentions involves careful review of the trust instrument, any related estate documents, and available evidence of the settlor’s wishes. Declarations from individuals with direct knowledge, contemporaneous notes, and consistent estate planning forms can all help the court interpret ambiguous provisions or determine the appropriate modification. Clear documentary support strengthens the case that the requested change reflects the settlor’s goals rather than a unilateral alteration of beneficiaries’ rights. When intentions are unclear, a petition can ask the court to interpret the trust in light of all relevant circumstances. Presenting a balanced legal and factual record focused on the settlor’s intent helps the court fashion an order that faithfully implements the trust maker’s objectives while protecting beneficiary interests and maintaining the trust’s integrity.
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