Frequently Asked Questions About Changing Living Trust Terms

Whenever you create a living trust you should always know under what circumstances you can change the trust terms should you later desire to do so. There are any number of reasons why you might want to change the terms, such as entering into a new marriage, having a child, or acquiring property that increases in value, but regardless of the reason, changing the terms requires you to act in one of two main ways.


If you want to make large changes to your trust, or make so many changes that the original terms of the trust are almost completely gone, it’s probably best to replace the trust by creating a restatement. When you create a restatement you effectively end the previous trust and form a new one.


For simple changes to a revocable living trust, such as adding the name of a new child as a beneficiary, you can usually accomplish your goals by creating an amendment. A trust amendment changes one or more of the previous trust terms and replaces it with new terms.


It’s important to remember that while you can change the terms of a revocable living trust, an irrevocable living trust is not the same thing. When you create an irrevocable trust those terms are effectively written in stone. You may be able to change some minor provisions of the trust or address clerical errors or mistakes, but irrevocable trusts are largely unchangeable after you create them.

Author Bio

Catherine Hammond is the CEO and founder of Hammond Law Group, a Colorado-based estate planning law firm she founded in 2005. With a strong focus on protecting families from the legal consequences of disability and death, she creates comprehensive estate plans that minimize taxes, costs, and government interference.

A native of Denver, Catherine completed her undergraduate studies at Coe College in Iowa, and her Juris Doctorate from the University of Denver College of Law in 1993, concentrating on estate planning, tax, and mediation. Catherine is a member of various professional organizations, including WealthCounsel, ElderCounsel, the National Academy of Elder Law Attorneys, the Colorado Springs Estate Planning Council, and the Purposeful Planning Institute. Beyond her legal expertise, Catherine provides transformational coaching to support clients and their families through life transitions.

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