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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 fire-proof cabinet and a copy put in your Document Portfolio.

The following pages contain a sample filled-out Revocable Living Trust Amendment form which will guide you on how to complete the form, and a blank Amendment for you to complete.

THE

REVOCABLE LIVING TRUST

AMENDMENT

THIS

 

 

 

 

AMENDMENT to the Trust Agreement made this

 

 

 

day of

,

 

 

 

 

executed between

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

, hereinafter

referred to as the Grantor(s) and

 

 

 

 

 

 

,

hereinafter referred to as the Trustee(s).

 

 

 

 

 

 

 

 

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

Amendment to this TRUST this day of

, 20

.

 

 

 

 

 

 

 

 

 

 

 

 

GRANTOR

 

 

 

 

 

STATE OF

)

 

 

 

 

 

) SS

 

 

 

 

COUNTY OF

)

 

 

 

 

The foregoing instrument was acknowledged before me this

 

day of

,

 

 

 

 

 

 

20, by the Grantor.

SEAL

Notary public:

My Commission Expires:

1

THE

REVOCABLE LIVING TRUST

AMENDMENT

THIS

AMENDMENT to the Trust Agreement made this

 

 

 

day of

,

executed between

 

 

 

 

 

 

 

 

 

 

 

, hereinafter

referred to as the Grantor(s) and

 

 

 

 

 

 

, hereinafter

referred to as the Trustee(s).

 

 

 

 

 

 

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

 

day of

, 20

.

 

 

 

 

 

 

 

GRANTOR

 

 

 

 

 

STATE OF

)

 

 

 

 

 

) SS

 

 

 

 

COUNTY OF

)

 

 

 

 

The foregoing instrument was acknowledged before me this

 

day of

,

 

 

 

 

 

 

20, by the Grantor.

SEAL

Notary public:

My Commission Expires:

⇓ PDF File

Instructions on Utilizing Trust Amendment

Completing the Trust Amendment form is a straightforward process that requires careful attention to detail. Once the form is filled out, it is essential to ensure that it is signed by the Grantors and Trustees involved in the Trust Agreement. After signing, store the original document securely with your legal papers, and keep a copy for your records.

  1. Begin by entering the date on which the amendment is being made in the first blank space at the top of the form.
  2. Fill in the names of the Grantor(s) in the next blank space. This refers to the individual(s) who created the trust.
  3. Next, enter the names of the Trustee(s) in the following blank space. These are the individuals responsible for managing the trust.
  4. Identify the date of the original Revocable Living Trust in the designated space. This is the date when the trust was first established.
  5. In the section regarding Article, specify the article number of the Trust Agreement that allows for amendments.
  6. State the modifications or amendments you wish to make to the Trust Agreement clearly and concisely in the appropriate section of the form.
  7. Sign the form in the designated area, ensuring that your signature matches the one on the original Trust Agreement.
  8. Leave the notary section blank for now; it will be completed by a notary public later.

After following these steps, make sure to keep the original document in a safe location, such as a safety deposit box or a fire-proof cabinet. A copy should also be stored in your Document Portfolio for easy access.

Misconceptions

When it comes to the Revocable Living Trust Amendment form, there are a few common misconceptions that can lead to confusion. Let’s clear the air on these points!

  • It needs to be witnessed or notarized. Many people believe that amendments to a Revocable Living Trust must be witnessed or notarized. However, this is not true. The law only requires that the amendment be in writing and signed by the Grantors and Trustees.
  • Only a lawyer can make amendments. Some think that only legal professionals can handle amendments to a trust. In reality, as long as you understand the terms and conditions of your trust, you can make amendments yourself. It’s your trust, after all!
  • Amendments are complicated and lengthy. There's a notion that amending a trust is a daunting task. In fact, the process can be straightforward. With a clear understanding of what changes you want to make, filling out the amendment form can be quick and easy.
  • Amendments are permanent and cannot be changed. Many believe that once an amendment is made, it cannot be altered. This is a misconception. As the Grantor, you have the right to amend your trust as often as you wish, as long as you follow the proper procedures.

Understanding these misconceptions can empower you to manage your trust confidently. Remember, your trust is a living document, and you have the control to shape it as your life circumstances change.

Documents used along the form

When managing a Revocable Living Trust, several other forms and documents may accompany the Trust Amendment form. Each of these documents plays a crucial role in ensuring that the trust is properly maintained and reflects the current wishes of the grantors. Below is a list of commonly used documents that you might encounter.

  • Revocable Living Trust Agreement: This is the foundational document that establishes the trust. It outlines the terms of the trust, including the roles of the grantors and trustees, the assets included, and the distribution of those assets upon the grantors' passing. This agreement is essential for understanding how the trust operates.
  • Trustee Appointment Form: This document is used to formally designate individuals or entities as trustees of the trust. It specifies their responsibilities and powers in managing the trust assets. This form is particularly important when there is a change in trustees, ensuring that the trust is managed according to the grantors' wishes.
  • Power of Attorney: This document grants someone the authority to act on your behalf, making financial decisions if you become incapacitated. To ensure your interests are protected, fill out the form by clicking the button below: All Washington Forms.
  • Trust Distribution Instructions: These instructions provide detailed guidance on how the trust assets should be distributed to beneficiaries. They can clarify the timing and conditions of distributions, ensuring that the grantors' intentions are honored and reducing potential disputes among beneficiaries.
  • Power of Attorney: Although not exclusively related to trusts, a Power of Attorney can be essential for managing financial and legal matters if the grantors become incapacitated. This document allows a designated person to make decisions on behalf of the grantors, ensuring that their affairs are handled according to their wishes.

Having these documents in place alongside the Trust Amendment form helps maintain clarity and organization in trust management. It ensures that all parties involved understand their roles and responsibilities, ultimately protecting the interests of the grantors and beneficiaries.