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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:

Document Information

Fact Name Description
Governing Law The Revocable Living Trust Amendment is governed by contract law, which varies by state. For example, in California, it is governed by the California Probate Code.
Written Requirement An amendment to a Revocable Living Trust must be in writing. This ensures clarity and provides a formal record of any changes made.
No Witnesses Needed Unlike some legal documents, a Revocable Living Trust Amendment does not require witnesses to be valid. This simplifies the process for the Grantors and Trustees.
No Notarization Required There is no need for notarization when creating an amendment to a Revocable Living Trust. This further streamlines the amendment process.
Signatures Required The amendment must be signed by both the Grantors and the Trustees. Since they are typically the same individuals, this requirement is often straightforward.
Storage of Documents After signing, the original amendment should be stored safely, such as in a safety deposit box or a fire-proof cabinet, to protect it from loss or damage.
Sample Form Availability A sample filled-out Revocable Living Trust Amendment form is often provided to assist individuals in completing their own amendments accurately.
Modification Rights The Grantors retain the right to amend or revoke the Trust Agreement at any time, allowing for flexibility as circumstances change.

Trust Amendment - Usage Guidelines

Filling out the Trust Amendment form is a straightforward process that requires attention to detail. This form allows for modifications to a Revocable Living Trust, and it is important to ensure that all necessary information is accurately recorded. After completing the form, it should be signed by the Grantors and Trustees, then stored safely with other legal documents.

  1. Obtain the Trust Amendment form. Ensure you have a blank copy available for completion.
  2. Fill in the date at the top of the form where it states "made this day of." Use the current date.
  3. Enter the names of the Grantor(s) in the designated space. These are the individuals who created the trust.
  4. Input the names of the Trustee(s) in the corresponding area. These individuals manage the trust.
  5. Locate the section that refers to the date of the original Revocable Living Trust. Fill in that date.
  6. In the space for "Article of the Trust Agreement," specify the article that grants the right to amend the trust.
  7. Clearly state the desired modifications to the Trust Agreement in the section provided.
  8. Sign the form where indicated. Both Grantor(s) and Trustee(s) must provide their signatures.
  9. Store the original signed document in a safe location, such as a safety deposit box or a fire-proof cabinet.
  10. Make a copy of the completed form and keep it in your Document Portfolio for easy access.

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Dos and Don'ts

When filling out the Trust Amendment form, it's crucial to approach the task with care. Here’s a list of essential dos and don'ts to guide you through the process.

  • Do ensure the amendment is in writing. Even though it doesn’t need to be notarized or witnessed, having it documented is essential.
  • Do include all necessary signatures. Both the Grantors and Trustees must sign the document, as they are parties to the Trust Agreement.
  • Do keep the original in a safe place. Store the signed document in a safety deposit box or a fire-proof cabinet to protect it from loss or damage.
  • Do review the Trust Agreement. Familiarize yourself with the original terms before making amendments to ensure consistency and clarity.
  • Don't rush through the process. Take your time to fill out the form accurately to avoid any potential issues down the line.
  • Don't forget to make copies. After signing, create copies of the amendment for your records and for your Document Portfolio.

Common mistakes

  1. Leaving out important dates: It's crucial to fill in the date of the amendment accurately. Omitting this detail can lead to confusion about when changes were made.

  2. Incorrectly identifying parties: Ensure that you clearly identify both the Grantor(s) and Trustee(s). Mistakes here can create legal complications.

  3. Failing to sign: All Grantors and Trustees must sign the amendment. Forgetting to sign can render the document invalid.

  4. Not keeping copies: After completing the amendment, it's important to store both the original and copies in secure locations. Neglecting this step can lead to lost documents.

  5. Using vague language: Be specific about the changes being made. Ambiguity can lead to misinterpretations later on.

  6. Ignoring state laws: Although the amendment does not need to be notarized or witnessed, some states have specific requirements. Failing to check these can create issues.

  7. Not consulting a professional: While it may seem straightforward, seeking legal advice can help ensure that the amendment is properly executed and meets all necessary legal standards.

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