Can I Amend My Existing Trust?

April 17, 2018

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. avoid this trust mistake7You 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.


Practice Areas:



Schedule your free Exploratory phone call

Click here to see how we
can be of assistance.

Careers/Open Positions

Explore all available job
listings and become a part of an amazing team.

Payment Portal
for Tax and Accounting invoice

This link offers a secure, quick way to complete your payment with Omni360 Advisors LLC.

Our Social Media

Connect with us on Social Media using the following buttons:

Visit our Podcasts

Listen in, Join the Conversation!

Recent Posts

Common Pitfalls After Unexpected Wealth—and How to Avoid Them

Discover the most frequent mistakes windfall recipients make—overspending, poor tax planning, emotional missteps—and learn how high‑net‑worth individuals can avoid them. A large, unexpected sum of money can feel like unlimited possibility. ...

<p>The post Common Pitfalls After Unexpected Wealth—and How to Avoid Them first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

How the New SALT Deduction Cap Could Trigger a Hidden Tax Spike—and How to Avoid It

Learn how the new SALT deduction cap in the One Big Beautiful Bill may create a tax torpedo for high-income earners—and what strategic planning can help you avoid it. How the New SALT Deduction Cap Could Trigger a Hidden Tax Spike—and How to Avoid It The recently proposed One Big Beautiful Bill (OBBBA) introduces sweeping tax changes—none more significant ...

<p>The post How the New SALT Deduction Cap Could Trigger a Hidden Tax Spike—and How to Avoid It first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

New York & New Jersey Retirement Plan Mandates: What Business Owners Need to Know in 2025

Why This Matters Now If you own a small to mid-size business in New York or New Jersey, there’s an important compliance issue you can’t afford ...

<p>The post New York & New Jersey Retirement Plan Mandates: What Business Owners Need to Know in 2025 first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>