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Can I Amend My Existing Trust?

If you have a lot of changes to make to a trust document and you have a revocable living trust, you may be curious about the best way to amend it. Many people may be tempted to simply write their changes directly on the trust document and initial it. However, you need to sit down with your knowledgeable estate planning attorney and figure out whether or not this is true in your case. Since not every trust is amendable, you’ll first want to figure out whether you do have an amendable and revocable trust. 

You should not make changes directly to the trust document and initial them. You must use an amendment to a trust to reflect your changes. Amendments are relatively simple documents but they should be put together by your lawyer. These amendments acknowledge the ability to make changes, amend the trust and then provide that the remaining portion of the trust stays in full effect, despite the new amendment. If you’ve already amended the trust a few times, or if you have a significant amount of changes to incorporate on your trust, this can be very difficult for a trustee to follow. This can lead to confusion and conflict down the line, so make sure you talk through what is best in your case.

There are ways to amend an existing trust that essentially creates a brand new trust and this could come as a complete restatement. You’ll want to talk this over with your knowledgeable estate planning attorney to figure out what is truly best for you



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