How to Revoke or Amend a Revocable Trust

Living trusts are made during the lifetime of a "settlor" (the person creating the trust). They are revocable during the settlor's lifetime unless the settlor explicitly states that the trust is irrevocable. Because the trust is revocable, it can be changed by the settlor. In some instances, such as after a divorce or if substantial changes occur to the settlor's estate, the trust can be revoked. Amending and revoking a trust require written documents. The process may also require transferring assets into or out of the trust, depending on whether it is an amendment or a revocation.

Amending a Living Trust

• 1

  Draft an "Amendment to Living Trust" document. Use a template if necessary. The document must state explicitly that it is amending your trust. In the amendment, list the date of the amendment and the article you are amending. Include the new language at the bottom of the amendment.

• 2

  Sign the amendment and get it notarized. Note that some state laws may not require the amendment to be witnessed or notarized. It is always a good idea to do this even if your state law does not require it as this will avoid potential fraud issues and potential litigation in the future.

• 3

  File the amendment with the original copy of the trust. Typically, trusts and amendments to trust are filed with the local probate court. If desired, darken the section amended with a black marker and write "see amendment" in the margin.

Revoking a Living Trust

• 1

  Transfer the trust assets back to your name. Just as you prepared deeds or accounts in the name of the trust to transfer your assets into the name of the trust, now you must reverse the process.

• 2

  Draft a "Revocation of Living Trust" document. In this document, list the date of the revocation and explicitly state that you are revoking your revocable trust.

• 3

  Sign the revocation of living trust and have it notarized. Destroy the trust documents; retain the revocation document. File the revocation with your local probate court.