A recent case decided by the Supreme Court of Missouri serves as a reminder of the importance of following formalities when amending a trust. In Rouner v. Wise, the court affirmed the finding that a letter detailing changes to a trust left in the glove box of his car was not a valid amendment. Dr. Conklin had intended his letter to amend his trust and include his two step children in addition to his two children from a previous marriage. Conklin wrote the letter out of fear that he would die while on a road trip. However, once he got home, he did not make a valid amendment to his trust at any time during the remaining seven years of his life.
See Laura A. Bentele, Rouner v. Hudson—Cautionary Tale re Trust and Estate Plans from the Missouri Supreme Court, The National Law Review, Oct. 15, 2014.
Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.
