Table of Contents
The Trust Amendment form is an essential document for anyone who has established a Revocable Living Trust and wishes to make changes to it. Unlike a Will, which is governed by probate laws, a living trust operates under contract law, allowing for more flexibility in managing one's assets. When it comes to amending a Revocable Living Trust, the process is straightforward: the amendment must be in writing, but it does not require witnesses or notarization. Both the Grantors and Trustees must sign the amendment, as they are the parties involved in the Trust Agreement. Typically, these roles are held by the same individuals, simplifying the process further. Once the amendment is executed, it is crucial to store the original document safely, either in a safety deposit box or a fire-proof cabinet, while keeping a copy in your Document Portfolio for easy access. This article will provide a sample filled-out Revocable Living Trust Amendment form to guide you through the completion process, along with a blank form for your use. Understanding how to properly amend your trust is vital for ensuring that your wishes are accurately reflected and legally binding.
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Dos and Don'ts
When filling out the Trust Amendment form, it is essential to follow certain guidelines to ensure accuracy and compliance. Here are seven important dos and don’ts:
- Do ensure that the amendment is in writing. This is a requirement for validity.
- Do sign the form. Both Grantors and Trustees must provide their signatures.
- Do keep the original document in a safe place, such as a safety deposit box or fire-proof cabinet.
- Do provide clear and concise information when filling out the form to avoid confusion.
- Don't forget to include the date of the amendment. This is critical for record-keeping.
- Don't leave sections blank. All required fields should be completed to prevent delays.
- Don't rely on verbal agreements. Written documentation is necessary for legal purposes.
Trust Amendment Sample
Revocable Living Trust Amendment
Unlike a Will, a living trust is controlled by contract law rather than by the probate code under state law. An amendment to a Revocable Living Trust must be in writing, but it does not need to be witnessed. It does not need to be notarized. It does need to be signed by the Grantors of the Trust and the Trustees of the Trust since they are both parties to the Trust Agreement. In most cases, with a Revocable Living Trust, these are the same people.
After the Revocable Living Trust has been signed, the original should be placed with your other legal documents in a safety deposit box or a
The following pages contain a sample
THE
REVOCABLE LIVING TRUST
AMENDMENT
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AMENDMENT to the Trust Agreement made this |
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executed between |
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, hereinafter |
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referred to as the Grantor(s) and |
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hereinafter referred to as the Trustee(s). |
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WHEREAS, the Grantor(s) and the Trustee(s) entered into a Revocable Living Trust
dated, hereinafter called the Trust Agreement, and
WHEREAS, Articleof the Trust Agreement provided that the
Grantor(s) reserve(s) the right to amend in any manner or revoke in whole or in part the Trust Agreement, and
WHEREAS, the Grantor(s) is/are desirous of modifying and amending the Trust Agreement and the Trustee(s) is/are agreeable to the modification and amendments contained herein,
NOW THEREFORE, IT IS AGREED:
IN WITNESS WHEREOF, Grantor(s) has hereunto subscribed his/her name |
to the |
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Amendment to this TRUST this day of |
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GRANTOR |
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The foregoing instrument was acknowledged before me this |
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20, by the Grantor.
SEAL
Notary public:
My Commission Expires:
1
THE
REVOCABLE LIVING TRUST
AMENDMENT
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AMENDMENT to the Trust Agreement made this |
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, hereinafter |
referred to as the Grantor(s) and |
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, hereinafter |
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referred to as the Trustee(s). |
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WHEREAS, the Grantor(s) and the Trustee(s) entered into a Revocable Living Trust
dated, hereinafter called the Trust Agreement, and
WHEREAS, Articleof the Trust Agreement provided that the
Grantor(s) reserves the right to amend in any manner or revoke in whole or in part the Trust Agreement, and
WHEREAS, the Grantor(s) is desirous of modifying and amending the Trust Agreement and the Trustee(s) is agreeable to the modification and amendments contained herein,
NOW THEREFORE, IT IS AGREED:
IN WITNESS WHEREOF, Grantor(s) has hereunto subscribed his/her name to the
Amendment to this TRUST this |
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GRANTOR |
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STATE OF |
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The foregoing instrument was acknowledged before me this |
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20, by the Grantor.
SEAL
Notary public:
My Commission Expires:
Listed Questions and Answers
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What is a Trust Amendment?
A Trust Amendment is a legal document used to modify the terms of an existing Revocable Living Trust. This amendment allows the Grantor(s) to change specific provisions of the Trust Agreement without having to create an entirely new trust.
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Who can sign the Trust Amendment?
The Trust Amendment must be signed by both the Grantor(s) and the Trustee(s) of the Trust. In most cases, these individuals are the same, as the Grantor often serves as the Trustee.
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Does the Trust Amendment need to be notarized?
No, a Trust Amendment does not need to be notarized or witnessed. However, it must be in writing and signed by the relevant parties to be valid.
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Where should I keep the Trust Amendment?
The original Trust Amendment should be stored with other important legal documents. It is advisable to keep it in a safety deposit box or a fire-proof cabinet. A copy should also be placed in your Document Portfolio for easy access.
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Can I amend my Trust at any time?
Yes, as long as the Trust is revocable, the Grantor(s) can amend the Trust at any time. The right to amend is typically outlined in the original Trust Agreement.
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Is there a specific format for the Trust Amendment?
While there is no strict format required, the Trust Amendment should clearly state the changes being made and reference the original Trust Agreement. A sample filled-out form is usually provided to guide you through the process.
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What happens if I do not properly amend my Trust?
If a Trust is not properly amended, the original terms will remain in effect. This could lead to unintended consequences, such as assets being distributed according to outdated instructions.
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Can I revoke my Trust instead of amending it?
Yes, a Revocable Living Trust can be revoked in whole or in part. The process for revocation is typically outlined in the original Trust Agreement. It is important to follow the specified procedures to ensure the revocation is valid.
Form Overview
| Fact Name | Description |
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| Governing Law | The Revocable Living Trust Amendment is governed by contract law rather than probate law, as per state regulations. |
| Written Requirement | An amendment must be in writing to be valid; verbal changes are not recognized. |
| Witnessing | Unlike some legal documents, this amendment does not require witnesses to be valid. |
| Notarization | No notarization is necessary for the amendment to be effective. |
| Signatures Required | The amendment must be signed by both the Grantors and the Trustees of the Trust, as they are parties to the Trust Agreement. |
| Document Storage | After signing, the original document should be stored securely, such as in a safety deposit box or a fire-proof cabinet. |