Use this form to make simple changes to your living trust – for example, adding or removing beneficiaries or naming a new successor trustee. An amendment is an add-on to your existing trust. Everything else about your trust remains the same – including the trust’s name -- so there is no need to retitle your trust property.
To make an amendment, fill out this form, print it, and bring it to a notary public. After you and the notary sign the form, your changes will be valid. Instructions for finalizing your amendment print with the document.
You can save and edit your trust amendment before you buy it – just create a Nolo.com account. It’s easy, free, and there is no obligation. If you do purchase the form, you can edit, print, and download it as often as you like during your 1-year subscription.
Use this form to make simple changes to your living trust – for example, adding or removing beneficiaries or naming a new successor trustee. An amendment is an add-on to your existing trust. Everything else about your trust remains the same – including the trust’s name -- so there is no need to retitle your trust property.
To make an amendment, fill out this form, print it, and bring it to a notary public. After you and the notary sign the form, your changes will be valid. Instructions for finalizing your amendment print with the document.
You can save and edit your trust amendment before you buy it – just create a Nolo.com account. It’s easy, free, and there is no obligation. If you do purchase the form, you can edit, print, and download it as often as you like during your 1-year subscription.
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Viewing OptionsUse this form to make simple changes to your living trust – for example, to add or remove beneficiaries or name a different successor trustee. An amendment is an add-on to your existing trust. Everything else about your trust remains the same – including the trust’s name --so there is no need to retitle your trust property.
You may want to make an amendment to account for life's changes - for example, if:
Use this document only for simple changes. This amendment works best when you need to make just a few small changes to your trust.
If you need to make more than a few simple changes, or if any changes you want to make are hard to describe using this form, then do not use this form -- get help from an attorney.
If you made a trust with Nolo's WillMaker, then you can make more substantial changes using WillMaker's “trust restatement.”
Revoking and making a new trust instead. If you need to make extensive or complicated changes to your trust, another option is to revoke your existing trust and make a new one. You can revoke your trust with Nolo's Revocation of Living Trust If you do this, you will need to retitle all of your trust property to reflect the name of your new trust.
Adding or removing property. If you only want to add or remove property from your trust, you do not need to revoke or amend your current trust. Adding or removing property requires updating your property schedules and transferring the property in or out of the trust. See the FAQ below.
Using this amendment form. If you decide to make a trust amendment to modify your trust, fill out this form, print it, and bring it to a notary public. After you and the notary sign the form, the your changes will be valid. Instructions for finalizing your amendment print with the document.
You can save and edit your trust amendment before you buy it – just create a Nolo.com account. It’s easy, free, and there is no obligation. If you do purchase the form, you can edit, print, and download it as often as you like during your 1-year subscription.
First, find the document that created your trust in the first place. It will probably be called a trust instrument, trust document, or declaration of trust. You need it so that you can copy the provisions you want to change.
It's important that your amendment not confuse the people who must eventually carry out its terms. So be very careful to:
After you complete the amendment, print it out and review it carefully. When you're satisified that it clearly conveys your intent, sign it, get your signature notarized, and then attach the amendment to your original trust document.
If it's been many years since you created your trust, your circumstances may have changed. Here are some events that prompt many people to change their estate planning documents:
If you want to only add or remove property from the trust, you do not need to make a trust amendment. See below.
Most revocable living trusts -- the most common kind of trust, designed to avoid probate -- can be amended or revoked at any time during the lifetime of the person or persons (called grantors, settlors, or trustors) who created them. The documents that create these kinds of trusts contain clauses specifically giving settlors these powers.
If you made a shared trust with your spouse, both of you should sign any amendments. Usually, the trust document requires both signatures for an amendment.
Only the grantor has the power to amend the trust. If you are the successor trustee in charge of a trust, the trust instrument (the document that created the trust) will almost certainly not give you the power to amend it.
If you have any doubts about your right to amend your trust, read the trust instrument carefully and look for a clause that sets out the power to amend. If you're still not sure, talk to a knowledgeable lawyer.
You can use this trust amendment if you want to make just a few simple changes to your trust. For example, you can use this amendment if you want to:
You can use one trust amendment to make several simple changes – say up to three or four – as long you are able to clearly convey the changes you want to make.
If there is any chance of confusion, do not use this trust amendment. See a lawyer instead.
No, you cannot use this form to restate your trust. A restatement of trust involves recreating the text from your original trust, along with your changes and some extra information describing the restatement. This form will not help you do that. This form is more simple – it just appends your trust with a new document that adds or removes trust clauses.
If you made your trust with Nolo software (Quicken WillMaker Plus 2019 or Nolo’s Living Trust), you can return to the software to make a restatement of trust.
Otherwise, if you want a restatement of trust, you will need help from a lawyer.
If you want to make more than a few simple changes or any number of complicated changes, do not use this trust amendment.
Instead, you have several choices:
If you only want to add or remove property from the trust, you can do that without creating a trust amendment. Here's what to do:
These steps mimic the process you took to transfer property into the trust when you initially set it up. If you have questions, see the lawyer or resource you used to create your trust.
Use this form to make simple changes to your living trust – for example, to add or remove beneficiaries or name a different successor trustee. An amendment is an add-on to your existing trust. Everything else about your trust remains the same – including the trust’s name --so there is no need to retitle your trust property.
You may want to make an amendment to account for life's changes - for example, if:
Use this document only for simple changes. This amendment works best when you need to make just a few small changes to your trust.
If you need to make more than a few simple changes, or if any changes you want to make are hard to describe using this form, then do not use this form -- get help from an attorney.
If you made a trust with Nolo's WillMaker, then you can make more substantial changes using WillMaker's “trust restatement.”
Revoking and making a new trust instead. If you need to make extensive or complicated changes to your trust, another option is to revoke your existing trust and make a new one. You can revoke your trust with Nolo's Revocation of Living Trust If you do this, you will need to retitle all of your trust property to reflect the name of your new trust.
Adding or removing property. If you only want to add or remove property from your trust, you do not need to revoke or amend your current trust. Adding or removing property requires updating your property schedules and transferring the property in or out of the trust. See the FAQ below.
Using this amendment form. If you decide to make a trust amendment to modify your trust, fill out this form, print it, and bring it to a notary public. After you and the notary sign the form, the your changes will be valid. Instructions for finalizing your amendment print with the document.
You can save and edit your trust amendment before you buy it – just create a Nolo.com account. It’s easy, free, and there is no obligation. If you do purchase the form, you can edit, print, and download it as often as you like during your 1-year subscription.
First, find the document that created your trust in the first place. It will probably be called a trust instrument, trust document, or declaration of trust. You need it so that you can copy the provisions you want to change.
It's important that your amendment not confuse the people who must eventually carry out its terms. So be very careful to:
After you complete the amendment, print it out and review it carefully. When you're satisified that it clearly conveys your intent, sign it, get your signature notarized, and then attach the amendment to your original trust document.
If it's been many years since you created your trust, your circumstances may have changed. Here are some events that prompt many people to change their estate planning documents:
If you want to only add or remove property from the trust, you do not need to make a trust amendment. See below.
Most revocable living trusts -- the most common kind of trust, designed to avoid probate -- can be amended or revoked at any time during the lifetime of the person or persons (called grantors, settlors, or trustors) who created them. The documents that create these kinds of trusts contain clauses specifically giving settlors these powers.
If you made a shared trust with your spouse, both of you should sign any amendments. Usually, the trust document requires both signatures for an amendment.
Only the grantor has the power to amend the trust. If you are the successor trustee in charge of a trust, the trust instrument (the document that created the trust) will almost certainly not give you the power to amend it.
If you have any doubts about your right to amend your trust, read the trust instrument carefully and look for a clause that sets out the power to amend. If you're still not sure, talk to a knowledgeable lawyer.
You can use this trust amendment if you want to make just a few simple changes to your trust. For example, you can use this amendment if you want to:
You can use one trust amendment to make several simple changes – say up to three or four – as long you are able to clearly convey the changes you want to make.
If there is any chance of confusion, do not use this trust amendment. See a lawyer instead.
No, you cannot use this form to restate your trust. A restatement of trust involves recreating the text from your original trust, along with your changes and some extra information describing the restatement. This form will not help you do that. This form is more simple – it just appends your trust with a new document that adds or removes trust clauses.
If you made your trust with Nolo software (Quicken WillMaker Plus 2019 or Nolo’s Living Trust), you can return to the software to make a restatement of trust.
Otherwise, if you want a restatement of trust, you will need help from a lawyer.
If you want to make more than a few simple changes or any number of complicated changes, do not use this trust amendment.
Instead, you have several choices:
If you only want to add or remove property from the trust, you can do that without creating a trust amendment. Here's what to do:
These steps mimic the process you took to transfer property into the trust when you initially set it up. If you have questions, see the lawyer or resource you used to create your trust.