1. A Trust Amendment Form is only intended for use when simple changes are being made to the original trust. For example, if the Trust Agreement merely needs to be modified to change the name of successor trustee or correct an error in the trust, a Trust Amendment Form may be used. If extensive changes are needed, such as adding new Articles or Sections, it may be necessary to use a Trust Restatement Form to restate the trust showing all the changes as incorporated into the Trust Agreement in its entirety.
In some circumstances, the revisions to a trust are significant and the original trust instrument must be revoked. This requires the grantor or settlor to make a new trust. Consult a lawyer about how to change your estate planning trust. For tips on how much it may cost, see
finding an attorney.2. The Trust Amendment Form shown above has certain language in italics. The language in italics should be replaced with names, dates, and other language specific to the trust you are amending. Also, if the original Trust Agreement uses the term settlor instead of grantor, replace the term grantor with settlor throughout the Trust Amendment Form.3. Follow all requirements of applicable state law when executing the Trust Amendment Form. For example, have the document witnessed, notarized, etc. as required by state law. To find state laws on creating and administering trusts in your state, see Trust Law. Also, the grantors or settlors and trustees should write their initials on the bottom of each page of the Trust Amendment.4. All grantors or settlors and current trustees must sign the Trust Amendment. If you want to revise a trust but all required individuals cannot or will not sign the document, contact a
probate lawyer for advice on how to proceed.5. The Trust Amendment Form shown on this page may not be valid under the laws of the state that govern your estate planning trust. Meet with a lawyer to have your trust documents reviewed before attempting to make any changes. Before signing the Trust Amendment, review our tips on Using Living Trust Forms to avoid common mistakes.6. An often overlooked but critical step in amending a trust is properly storing the document after it is executed. For example, if your heirs only find the Trust Amendment and not the original Trust Agreement, they will be unable to adhere to your estate plan. Similarly, if the successor trustee has the original trust instrument but not the Trust Amendment, your changes to the trust will not be followed. Properly store your original Trust Agreement, Trust Amendment, any restatements of the Trust, Pour-Over Will, and related estate planning documents in a location your successor trustee or executor can easily locate. An estate planning attorney can explain the best method for storing these documents and can also offer more secure storage methods.If you plan to store important estate and trust documents with your financial institution, review our article on estate planning and your safe deposit box. In order for your final wishes to be honored, your executor, trustee or personal representative must be able to locate all of your current estate planning documents in a timely manner.
Trust Amendment Form
This page provides a template for amending a revocable living trust or a similar type of revocable estate planning trust. If the trust is an irrevocable trust or the trust document states that it may not be changed, do not attempt to change it by executing a Trust Amendment. Consult an attorney on how to proceed. Read the Trust Amendment Form instructions before using this template and review our page on
codicils and amendments.
Trust Amendment Form Template
The following is a sample Trust Amendment Form:
FIRST AMENDMENT TO THE REVOCABLE LIVING TRUST OF Insert full name of grantor or settlor as shown on original Trust AgreementI, Insert full name of grantor or settlor, referred to herein as the "Grantor" or "Settlor", currently domiciled in insert county and state of grantor's residence or settlor's residence, executed the Revocable Living Trust of insert grantor's or settlor's name, hereinafter the "Trust", on insert date the original Trust Agreement was executed. I, insert full name of grantor or settlor, am the Trustee of the Trust; andWHEREAS, the Trust provides that I can amend the Trust in (insert applicable Article and Section of the Trust); andWHEREAS, I desire to amend the Trust;NOW THEREFORE, the Trust is hereby amended as set forth below.I. Article _, Section _ of the Trust is deleted in its entirety and replaced with the following language: insert here the revised language containing the changes you want to make.II. Except as revised and amended by this First Amendment, the Revocable Living Trust of insert name of grantor or settlor is ratified and republished.IN WITNESS WHEREOF, the provisions of this FIRST AMENDMENT to the Revocable Living Trust of insert full name of grantor or settlor shall bind the Grantor/Settlor, Trustees, beneficiaries, and their successors and assigns.Insert the day, month, and year the Trust Amendment is executedinsert signature line for Grantor or SettlorUnder the signature line, insert the full name of grantor or settlor, Signed as Grantor/Settlor and TrusteeInsert the notary acknowledgement language for the correct state and include sufficient space for the notarial seal and signature of the Notary Public.END OF FORMCopyright 2020 Pennyborn.com. ALL RIGHTS RESERVED.Due to copyright, this form may not be copied, reprinted, rewritten, displayed, published, broadcast, excerpted or used in any other way.
Published June 28, 2017. Updated January 14, 2020.
INFORMATION ON THIS SITE, INCLUDING ARTICLES, ESTATE PLANNING FORMS, AND THE ESTATE PLANNING BLOG, DOES NOT CONSTITUTE LEGAL, FINANCIAL OR TAX ADVICE. Pennyborn.com is not a law firm and is not a substitute for a lawyer. Your use of this site does not create an attorney-client relationship. Information on this site is for educational purposes only and may not be accurate, complete or up to date.
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