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AlexiaEsq., Managing Attorney
Category: Estate Law
Satisfied Customers: 13568
Experience:  19+ Years of Legal Practice in Estate Law.
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Does California law require a revocable trust to have witness

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Does California law require a revocable trust to have witness signatures and/or notory
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*


Can you link me to the sources you believe indicate a requirement of 3 witnesses and notary? Thanks! I look forward to assisting you.
Customer: replied 6 years ago.
I found the following:

This showed a copy of what a revocable trust should look like. The "true and complete" copy sent to me did not have signatures of witnesses nor notary.

Step 6 states: "Arrange for three witnesses to meet with you, the trustee if there is a separate trustee and a notary public to sign the paperwork legally."

Hi, and thank you.

I know you are finding references to a need to have witnesses and notary, but I am not finding that under the law. In fact, a writing isn't even always necessary, if manifestation of the settlor's intent is clear:

Here is another attorney, Attorney Gruber, who seems to reiterate my thoughts on this and understanding of the probate code on trusts:

"Witnesses are not needed for a living trust, which is usually notarized. Notarization is not required for a trust, but it is a good idea because it provides proof that the trustor signed the trust."

Now, on the other hand, if you have reason to believe your father did not sign that trust, that would be a basis on which to fight its validity as his trust document, and you would want, possibly, a handwriting expert to testify that that signature is not your father's, based on undisputed copies of his signature on prior documents.

Good luck.

I hope this helps clarify for you.

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