The settlor must have testamentary capacity to create and amend a revocable trust

In the course of affirming summary judgment against charities challenging the validity of the amendments made by the settlor of a revocable trust shortly before his death, the court in Maimonides School v. Coles, 881 N.E.2d 778 (Mass. App. Ct. 2008), held that because a pour-over will and a “contemporaneously executed revocable inter vivos trust” are related parts of single testamentary scheme, execution of an amendment to the trust requires the level of capacity necessary to make a valid will.