Roszkowiak v. Roskowiak

In a case involving an objection to an addendum to a revocable trust, defendants appealed from a trial court finding that the addendum, which was dictated by the decedent to her daughter, was valid. Defendant argued on appeal that the addendum was not valid under the Consumer Fraud and Deceptive Business Practices Act, which requires that only a licensed attorney may draft trust documents. The appellate court affirmed, finding that the Act does not prevent a settlor from amending or revoking a trust and that the settlor may use the assistance of an individual who acts entirely and only at the settlor’s direction, such as a scrivener or typist, and that a video recording of the decedent removed any doubt as to her wishes or state of mind with regard to her intent to amend the trust. (KENNEDY and JORGENSEN, concurring)