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An amendment is an add-on to your existing trust. Everything else about your trust remains the same ? including the trust's name -- so there is no need to retitle your trust property. To make an amendment, fill out this form, print it, and bring it to a notary public.
?Amended? means that the document has ?changed?? that someone has revised the document. ?Restated? means ?presented in its entirety?, ? as a single, complete document. ingly, ?amended and restated? means a complete document into which one or more changes have been incorporated.
In the trust deed where there is no mention about amendment, the amendment has to be done with the permission of a civil court. Even the Civil Courts do not have unlimited powers of amendment. The Civil Courts permit amendment under the doctrine of Cy pres, which means the original intent of the settlor should prevail.
Revising the terms of a trust is known as ?amending? the trust. An amendment is generally appropriate when there are only a few minor changes to make, like rewording a certain paragraph, changing the successor trustee, or modifying beneficiaries.
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.
Stacy, what it means for a trust to be irrevocable is that the grantor or the person who created it cannot amend or revoke the trust.