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A trustee may sell trust assets to pay debts, administration expenses, and taxes. The terms of the trust dictate the scope of this power. For example, salable assets may include real estate unless the trust agreement prevents it.
A restatement differs from a Trust amendment, as amendments are better suited for minor adjustments. In some cases, a Trust restatement is recommended to consolidate several amendments made over time. This can help simplify things for a successor trustee, rather than having them follow several amending documents.
It is possible to include either one corporate trustee or up to three individual trustees. A trustee can also be a beneficiary provided that it is not the sole trustee and beneficiary. If there is another trustee, or another beneficiary as well, then it is acceptable.
The trust deed lists the trustees. Therefore, to change an individual trustee, you need to amend the trust deed. Most trust deeds permit a change of trustee by way of a trustee resolution and entry into a deed of variation. A trustee resolution is a signed statement of the actions taken by the trustee.
It's important to know what you want to change and where in your trust document this information lives (such as the article number you're amending). Fill out the amendment form. Complete the entire form. It's important to be clear and detailed in describing your changes.
Removing or replacing the trustee Of course, the Court always has the power to remove a trustee. Whether it will intervene or not depends on the circumstances and the nature of assets.
An amendment is a formal document making a change to one or multiple parts of a Revocable Living Trust. A codicil is a formal document making a change to one or multiple parts of a Last Will and Testament. If your Living Trust has been lost or destroyed, we can Restate your original Trust.