As the years go by, you may find yourself wanting to make changes to your living trust. You should discuss with your attorney the options between trust amendments and restatements. Orange County trust amendments are fortunately relatively easy to accomplish. Depending on the terms of your trust and the extent of the changes that you are seeking, an amendment may be a short, one- or two-page document. In other situations, your attorney may recommend a complete amendment and restatement. This type of trust modification is lengthier, since it essentially re-writes the trust in its entirety.
What are some of the differences and similarities between trust amendments and restatements? The following is an overview:
- A trust amendment typically applies to specific provisions of a trust instrument, without affecting the remaining provisions.
- A trust restatement is a type of amendment that supersedes the previous version of the trust in its entirety.
- The name and date of the trust remain the same for both a trust amendment and restatement.
- A restatement is useful when you have made several smaller amendments to the trust already, and want to consolidate the trust to make its provisions easier to follow.
- Both trust amendments and restatements must be executed with the same formalities as the original trust.
- Amending or restating a trust will not influence the trust-funding work that you have already completed.
Regardless of whether an Orange County trust amendment or complete restatement is right for your estate planning needs, an experienced attorney should be utilized when drafting this instrument. Amendments and restatements to living trusts must follow the same formalities as the original trust in order to be valid. To learn more about modifying an estate plan in California, view our free guide, The Ten Things You Must Know Before Creating (or Amending) Your Will or Trust. If you need assistance serving as trustee, contact an experienced Orange County trust amendment attorney today. Call our office at (714) 459-5481 for a consultation.