Legal Question in Wills and Trusts in California
Living Trust Amendment
1) To do amendment to a trust, do I need to indicate page number, paragraphs to be modified in my amendment (i.e. list both original and new text in the amendment)?
2) Where should I attach/insert the amendment into my living trust?
1 Answer from Attorneys
Re: Living Trust Amendment
There are no formal requirements other than that they be in writing and signed by the Trustors. It's a good idea to get the signatures notarized to prove the authenticity of the changes.
Before you sign, give a third party unfamiliar with your trust the original and amendment and see how easy it is for the person to figure out what you intend. The easier the better, as a trust is a contract and uncertainty creates problems of contract interpretation.
You might begin with "This Amendment of Trust Agreement is the first Amendment to the" for instance "Smith Family Trust dated April 1, 2006 and is intended to make the following changes:"
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