Never Write on Your Legal Documents

By Patricia L. Nelson

It is important to leave your estate planning documents unmarked. Let’s pretend that you named your sister from Toledo, OH, as your successor trustee. Your sister later gets married and changes her last name. She and her new husband delight you by moving to Bend, OR. Let’s also pretend that your father, who is named as your alternate successor trustee, does not approve of his new son-in-law. 

It can be tempting to “correct” documents by writing a line over your sister’s former last name and neatly writing in her new last name and crossing out “Toledo, OH” and writing in “Bend, OR” as her location. Please do not do that. 

Crossing out your sister’s name can lead to arguments that you did not simply mean to update her information. The argument might be made that you intended to remove her as your successor trustee. This would result in your father being the trustee of your trust rather than your sister. While I think it is likely that such an argument would not be successful (but it might), arguments that involve courts making decisions are expensive. Arguments are not just financially expensive; they can lead to life-long fractures in families. Please do not write on your estate planning documents.

There are two general exceptions to this rule. One is the Advance Directive. You may update contact information on this document. If you do, please make sure your local hospital and your personal physician have copies of the updated version. 

The second exception are schedules to your trust. If you have a schedule to your trust that indicates, for example, who is to receive which items of tangible personal property, you may change this document. If you do, be sure it is clear and that each item is designated to go to only one person. Again, a lack of clarity can result in arguments. Arguments are financially and interpersonally painful.