Amending vs. Restating a Revocable Living Trust: What’s the Difference and When To Do It (4 min read)
If you have a revocable living trust, you might reach a point where you need to make some changes. Life happens—maybe you bought a new property, had a falling out with a trustee, or simply changed your mind about how you want your assets distributed. When that time comes, you have two options: amending the trust or restating it entirely.
But which one is right for you? Let’s break it down in simple terms, with real-life examples to help you decide.
What Does It Mean to Amend a Trust?
An amendment is a way to make small tweaks to your trust without redoing the whole thing. Think of it like making handwritten edits to a printed document—you’re keeping most of the original content, but you’re fine-tuning specific details.
When Would You Amend a Trust?
Amendments work best when the changes are minor and straightforward. Some common reasons to amend a trust include:
Changing beneficiaries – Maybe you’ve had another child or grandchild you want to include.
Updating trustees – If your current trustee can no longer serve, you may want to name a new one.
Modifying distributions – You might decide to give a beneficiary their inheritance at age 35 instead of 25.
Example: Jane created a revocable trust five years ago, naming her brother as trustee. Recently, her brother moved overseas and isn’t available to handle her estate. Rather than creating a new trust, Jane amends her trust to name her adult daughter as the successor trustee instead. Simple, clean, and no need to redo the entire document.
How to Amend a Trust
If you decide to amend your trust, you’ll need to follow a proper legal process to ensure the amendment is valid. Here are the key steps:
Review Your Trust Document – Some trusts contain specific instructions on how amendments should be made. Be sure to follow any requirements stated in your original trust.
Draft a Trust Amendment – This is a formal legal document that clearly states the changes being made to the original trust. The amendment should:
Reference the name and date of the original trust.
Clearly state the specific changes being made.
Avoid any vague or unclear language.
Sign and Notarize the Amendment – While state laws vary, it’s generally recommended to have the amendment signed and notarized to ensure its validity. Some states require notarization, while others do not.
Store the Amendment Safely – Keep the amendment with the original trust document in a safe place, such as a fireproof box or with your attorney.
Notify Relevant Parties – If the amendment affects trustees, beneficiaries, or fiduciaries, inform them of the change to avoid confusion in the future.
Are Witnesses Required?
Most states do not require witnesses for trust amendments, but some estate planning attorneys recommend having witnesses as an extra layer of legal protection. Always check state-specific laws or consult an attorney if you’re unsure.
Can You Just Write It on a Piece of Paper?
Technically, you could write out an amendment yourself, but doing so without proper legal language might cause confusion or lead to disputes. Using a formal amendment document or having an attorney draft one ensures clarity and compliance with legal standards.
What Does It Mean to Restate a Trust?
A restatement is essentially a complete rewrite of your trust, but it keeps the original trust name and date. This is important because keeping the same trust name ensures that assets already titled in the trust (like your house or bank accounts) don’t have to be re-titled again.
When Would You Restate a Trust?
A restatement makes sense when you have multiple amendments or significant changes that would make the trust document confusing or disorganized. Some reasons to restate a trust include:
Multiple past amendments – If you’ve amended your trust several times, a restatement creates a clean, streamlined document.
Major changes to beneficiaries or distributions – If you want to completely overhaul how your assets are divided, restating simplifies everything.
Substantial changes in laws or estate planning goals – Sometimes, legal updates or a shift in your financial situation warrant a fresh start.
Example: Mark and Sarah originally created a trust 15 years ago when their kids were young. Over the years, they amended the trust several times as their children grew, their assets increased, and their estate planning goals evolved. Now, with nearly five amendments in place, their attorney suggests restating the trust to consolidate everything into one clear document. This eliminates confusion and ensures their wishes are properly executed.
Is an Attorney Required?
While it is possible to amend or restate a trust without an attorney, it is highly recommended to seek legal guidance. Trust documents must be drafted correctly to ensure they comply with state laws and achieve your intended goals. Mistakes in wording or execution could lead to unintended consequences, such as confusion among beneficiaries or difficulty administering the trust after your passing. An attorney can ensure your amendments or restatement are legally sound and properly executed.
Where Should You Keep These Documents?
After completing an amendment or restatement, it’s crucial to store the documents in a safe yet accessible location. Here are some best practices:
With Your Original Trust – Keep amendments and restatements with the original trust document to maintain a complete record.
In a Safe or Fireproof Box – A secure home safe or fireproof box ensures protection from damage or loss.
With Your Attorney – Many estate planning attorneys offer to store a copy in their files for added security.
Inform Your Trustee and Key Family Members – Make sure your successor trustee and trusted family members know where the documents are located to avoid delays when they need to be accessed.
How Much Does It Cost to Amend or Restate a Trust?
The cost of amending or restating a trust varies based on complexity, location, and whether you use an attorney. Here’s a general estimate:
Amendment Costs: Typically range from $250 to $1,000, depending on the extent of the changes and attorney fees.
Restatement Costs: Generally range from $1,000 to $3,500, since it involves drafting a completely new document while maintaining the original trust name and structure.
If you use online legal services or DIY forms, the cost may be lower, but there’s a higher risk of errors that could create complications later. Consulting an experienced estate planning attorney ensures that your trust remains legally sound and aligned with your wishes.
Which Option Is Best for You?
If you only need to make a minor adjustment, an amendment is likely the way to go. It’s quick, simple, and keeps your trust intact. However, if your trust has been amended multiple times or you want to make sweeping changes, a restatement is usually the better choice. It provides a clean slate while keeping the original trust structure in place.
Final Thoughts
Both amending and restating your trust are effective tools in estate planning. The key is knowing when to use each one. If you’re unsure which route to take, consulting with an estate planning attorney can help you make the best decision for your situation.
Remember, your trust should reflect your current wishes and financial circumstances. So, whether it’s a minor tweak or a complete overhaul, keeping it up to date ensures your legacy is handled just the way you intend.