is there a restatement form to make major changes to a revocable living trust?
Is there a restatement form to make major changes to a revocable living trust? Or, how can I make the changes and not make a new trust?
Expert Answer
There is no specific form used for changing a living trust. [Indeed there's no specific form for a living trust.] However, a living trust must be changed by a formal printed Amendment. That Amendment must be signed and dated by the Trust and Amendment writer and notarized. Generally, an Amendment to a Living Trust contains:
A statement that the document is an amendment to the trust, giving the trust's name
A citation to the provision in the original trust allowing the trust writer to amend the trust
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A quotation of exactly the words of the provision(s) of the trust that are to be changed, and how (ie. revoked, revised,etc.)
*A quotation of exactly the words of each new or changed provision of the trust
- A statement that in all other aspects the original trust is reaffirmed.
The most crucial thing in a trust amendment is that it be clear. You, the trust writer, do not want to leave open any possibility of confusion about what the amendment meant. You want to be as sure as your can be that your successor trustee, and trust beneficiaries,will know exactly what you intended. Happily, this is normally not hard to do.