Trust Modifications With Minors, Unborn Beneficiaries, or Missing Heirs After California’s New Virtual Representation Law

Modifying a trust when there is a minor, unborn beneficiary, or missing heir has always been an involved and potentially costly legal process. The San Bernardino trust litigation attorneys at Skapik Law Group can explain how a new law may make the process easier.

On January 1, 2026, a major change in California trust laws took effect. The new law allows for virtual representation of minors, unborn beneficiaries, or missing heirs in trust issues, making it easier to modify trusts once they have already been created. Under the new law, courts will no longer need to be involved in every issue regarding trust modification when there are those who cannot represent themselves.

If you are considering a trust modification or dispute involving minors, unborn beneficiaries, or missing heirs, contact the trust litigation lawyers in California at Skapik Law Group by calling us at (909) 398-4404 for a confidential consultation. We can help you move forward efficiently while protecting the interests of every beneficiary, both present and future.

Courts Were Very Involved in Trust Modifications Involving Minors

Even though trusts generally do not have to go through the probate process, there are times when there may be a necessary involvement from the court. Typically, trust modifications and terminations are subject to the court process. This point is even more true when the trust modification involves a minor or unborn beneficiary.

In the past, when they were minors, unborn beneficiaries, or missing heirs, the court typically needed to appoint a guardian ad litem to represent their interests. This step meant that trust modifications and disputes almost always required the involvement of the court. The end result was that handling trust issues became far more costly and difficult.

How AB 565 Can Make Your Life Easier

AB 565 made significant changes to California law to modify the trust system. The categories of beneficiaries mentioned above no longer need direct legal representation in the process. The new law provides for what is known as “virtual representation.” What this means is that one can stand in for someone else who is not able to participate in the process and may make binding legal decisions on their behalf. Later in time, these decisions cannot be challenged in court.

The upshot is that trust modifications can now move more quickly through the court system, and they may be less costly. Guardians ad litem need to be paid for their time and services. In addition, any process that involves a guardian ad litem may also involve a court hearing when they present their conclusions to the judge. Now, provided that the terms of the new law are followed, this is no longer necessary.

When Virtual Representation Is Now Allowed in California

The right of virtual representation is not unlimited under the new law. There are still three constraints that apply:

• Those who represent the minor and other beneficiaries must have interests that are substantially similar. Under the law, a substantially similar interest is defined as a person who benefits in the same exact way as the minor child and does not profit at their expense.
• Those who are providing the representation may not have a conflict of interest. They must not place their own personal interest ahead of those of the minor child or unborn beneficiary.
• The court must be satisfied that adequate representation can be provided for those who are not able to participate.

Those who may act to provide virtual representation include the following:

• The parents of the minor or unborn child (which is the most common and legally preferred alternative)
• Other beneficiaries who are in the same class, such as a sibling
• Remainder beneficiaries who have the same interest, such as grandchildren under the age of 30
• A trusty or a conservator, so long as there is no conflict of interest

While virtual representation makes things far easier in the trust process, there may still be legal issues involved. The court still needs to review any modifications to a trust to ensure that they are proper and fair. In addition, the person who was acting as the virtual representative owes a fiduciary duty to one who is having decisions made on their behalf. A court may still appoint a guardian ad litem if the judge is not satisfied with the virtual representation that is being provided. In other words, what the virtual representative does will still be scrutinized by the court, and a judge may terminate the virtual representation as necessary to protect the interests of the minor child, unborn beneficiary, or missing heir.

Contact a San Bernardino Trust Litigation Law Firm

Learn more about how AB 565 works and how it may help your family by scheduling a free initial consultation with a California trust litigation lawyer at Skapik Law Group. You can speak with a lawyer by making an appointment through our website or by calling us at (909) 398-4404.