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Commonly Asked Questions about Trust Amendment Forms

A trust amendment must be properly executed in order to be valid. This means that the amendment must be signed and witnessed by the trustor (the person who created the trust). You should consult with an estate planning attorney to ensure that the amendment is properly executed.
An amendment is a formal document making a change to one or multiple parts of a Revocable Living Trust. A codicil is a formal document making a change to one or multiple parts of a Last Will and Testament.
When you write the change you are making, be sure to refer to the original trust document by paragraph number so it is clear what provision you are changing. Be very clear about how you are changing this section of the trust. Make sure you state you are amending this section of the trust.
In general, a codicil should: State that it is a codicil to your will. Identify the date your will was signed, so theres no confusion about which will it amends. Clearly state which parts of the will it revises. Describe the changes as specifically as possible.
If you have an irrevocable trust, it is extremely difficult to make changes to it because the trust was set up to be permanent and not alterable. Most people, however, create a revocable living trust. A living revocable trust is designed to be flexible so you can make any change you want to it.
A question that can arise as the changes mount up over the years is whether the original trust should be amended or whether the entire trust should be restated, that is, the full trust is altered and executed again rather than a much shorter document which simply amends the original trust.
The Federal Court has ruled that taxpayers who are objects (potential beneficiaries) of discretionary trusts are subject to a four-year amendment period whether or not they have ever received a distribution from a trust or are even aware that they are an object of a trust.