Q: My question is in a trust. That the person just died it is on an amendment
The trust was amended twice the second voided all but one section of first one
It states that section 8.4 is to be deleted and replaced with section 8.2 ( believe typed in wrong) with the new wording for the old section. Nothing is mentioned about the original sections 8.2 and 8.3. Basically leaving two sections 8.2. Does one void the other or do they both stand? They both address something different. The second amendment does not address these sections.
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A:
Under California trust law, when interpreting trust provisions, the primary objective is to ascertain and effectuate the intent of the settlor. If the second amendment explicitly stated that section 8.4 is to be replaced with the new wording for section 8.2, then that instruction should be followed. However, the presence of two distinct sections labeled 8.2, if they address different subjects, can create ambiguity.
In cases of ambiguity, extrinsic evidence can be used to determine the settlor's intent. If the two sections conflict, a court may need to interpret the trust to determine which provision should prevail. Since the second amendment does not address the original sections 8.2 and 8.3, they would likely remain intact unless they conflict with the new provisions. Given the potential confusion, it would be advisable for the trustee or beneficiaries to seek a court's interpretation or clarification, or consult with an experienced trust attorney for guidance.
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