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Content Overview

When individuals create a Revocable Living Trust, they establish a flexible estate planning tool that allows them to manage their assets during their lifetime and dictate their distribution after death. However, circumstances often change, necessitating adjustments to the original trust agreement. This is where the Trust Amendment form comes into play. Unlike a will, which is governed by probate laws, a living trust operates under contract law, allowing for more straightforward modifications. To amend a Revocable Living Trust, the amendment must be documented in writing. Notably, it does not require witnesses or notarization, but it must be signed by both the Grantors and the Trustees, who are typically the same individuals. Once the amendment is completed, it is crucial to store the original document securely alongside other important legal papers, while a copy should be kept in a designated Document Portfolio for easy access. This article will guide you through the essential components of the Trust Amendment form, providing a sample filled-out version and a blank form for your convenience, ensuring you can navigate this process with confidence.

Key takeaways

When filling out and using the Trust Amendment form, keep these key takeaways in mind:

  • Written Requirement: The amendment must be in writing to be valid.
  • No Witnesses or Notarization Needed: Unlike some legal documents, this amendment does not require witnesses or notarization.
  • Signatures Required: Both the Grantors and Trustees must sign the amendment, as they are parties to the Trust Agreement.
  • Document Storage: After signing, store the original document safely, such as in a safety deposit box or a fire-proof cabinet.
  • Use Provided Samples: Refer to the sample filled-out form for guidance on completing your own amendment.

Guide to Writing Trust Amendment

Completing the Trust Amendment form is an essential step in updating your Revocable Living Trust. This process allows you to modify the terms of your trust as needed. After filling out the form, ensure that it is signed by all necessary parties and securely stored with your other important legal documents.

  1. Begin by filling in the date at the top of the form where it states "this day of."
  2. Identify the Grantor(s) by entering their full names in the designated space.
  3. Next, enter the name(s) of the Trustee(s) in the space provided.
  4. Fill in the date of the original Revocable Living Trust in the section that refers to the Trust Agreement.
  5. Locate the article number in the original Trust Agreement that discusses the Grantor's right to amend or revoke the Trust. Write this article number in the appropriate space.
  6. Clearly state the modifications you wish to make to the Trust Agreement in the section provided for amendments.
  7. Sign the form in the space labeled "IN WITNESS WHEREOF, Grantor(s) has hereunto subscribed his/her name to the Amendment to this TRUST this day of."
  8. Complete the acknowledgment section by filling in the date and the name of the Grantor in the designated areas.
  9. Finally, ensure that the form is stored in a safe place, such as a safety deposit box or a fire-proof cabinet, along with your other legal documents.
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Form Preview Example

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:

Documents used along the form

A Trust Amendment form is often accompanied by several other important documents that help clarify and support the changes being made to a Revocable Living Trust. Below is a list of five common forms and documents that may be used alongside the Trust Amendment form.

  • Revocable Living Trust Agreement: This is the original document that establishes the trust. It outlines the terms, conditions, and intentions of the Grantor regarding the management and distribution of assets.
  • Certificate of Trust: This document serves as a summary of the trust's existence and its key provisions. It can be presented to financial institutions or other entities to verify the trust without disclosing the full details of the Trust Agreement.
  • Rental Application Form: A critical document for potential renters, this form collects essential personal, financial, and employment information to aid landlords in evaluating applicants' suitability. For templates, you can visit smarttemplates.net for resources to streamline your rental application process.
  • Trustee Acceptance Form: This form is signed by the Trustee to confirm their acceptance of the role and responsibilities outlined in the Trust Agreement. It ensures that the Trustee is aware of their duties and agrees to uphold them.
  • Power of Attorney: A Power of Attorney allows a designated person to act on behalf of the Grantor in financial or legal matters. This document can be crucial if the Grantor becomes incapacitated and needs someone to manage their affairs.
  • Pour-Over Will: This type of will directs that any assets not placed in the trust during the Grantor's lifetime are transferred to the trust upon their death. It ensures that all assets are managed according to the trust's terms.

These documents work together to create a comprehensive legal framework for managing and distributing assets. Understanding each of these forms can help ensure that your trust operates smoothly and according to your wishes.