In Re Estate And Trust Of Pilafas

172 Ariz. 207, 836 P. 2d 420 (1992)

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Nature of the Case

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Facts

In 1982, decedent executed a trust agreement, naming himself as trustee. The instrument stated that it could be revoked only in writing delivered to the trustee. The trust was amended twice, and the second amendment was executed simultaneously with a will. The attorney who drafted these instruments did not retain the originals but believed he gave them to decedent. Shortly before his death, decedent indicated to his family and attorney that he wanted to revise his estate plan again, but this was not done. After decedent's death, his son (P) searched his effects but was unable to find the will or the trust documents. P sought a determination from the court that decedent had revoked the will and trust agreement and died intestate. The lower court found in his favor, and that remainder beneficiaries under the trust agreement (D) appealed.