How to Amend a Revocable Trust

By /

How to Amend a Revocable Trust: A Step-by-Step Guide (With Sample Language)

If you have a revocable living trust, you’ve already done something smart: you created a plan that can evolve as your life changes. The good news is that revocable trusts are designed to be amended. The key is doing it the right way, so your update is valid, clear, and won’t cause confusion later.

Below is a practical guide to how to amend a revocable trust, when to use a trust amendment vs. a restatement, common mistakes to avoid—and why it’s important to speak with an attorney before making changes.

What Does it Mean to Amend a Revocable Trust?

A trust amendment is a written legal document that changes specific terms of an existing trust—without replacing the entire trust. Because the trust is revocable, the person who created it (the grantor or settlor) typically keeps the right to revise it during their lifetime, as long as they have legal capacity and follow the procedure required by the trust.

Common reasons people amend a revocable trust:

Trust Amendment vs. Trust Restatement: Which do You Need?

Choose a trust amendment if:

  • You’re making one or a few small changes
  • The trust is generally working as intended
  • You want a minimal update (e.g., changing trustee, updating one beneficiary)

Choose a trust restatement if:

  • You’re making many changes
  • Your trust has been amended multiple times already
  • You want a “clean” document that’s easier to administer
  • You’ve had major life/financial changes

A restatement keeps the original trust’s name and date (usually) but replaces the text with a new, consolidated version. Many attorneys prefer restatements when changes get complex because they reduce the risk of inconsistencies.

Why it’s Important to Speak with a NYC Estate Planning Attorney to Learn How To Amend A Revocable Trust

Even though a revocable trust is designed to be flexible, small drafting mistakes can create big problems later—including confusion during administration, unintended disinheritance, tax issues, or even litigation among family members. 

An experienced estate planning attorney can help ensure your amendment follows the trust’s required procedure and state law, uses precise language that won’t conflict with other provisions, and aligns with your overall plan (like your will, powers of attorney, beneficiary designations, and how your assets are titled). 

Just as importantly, an attorney can spot issues you may not be thinking about—such as incapacity planning, trustee powers, special needs considerations, or how to reduce the risk of challenges based on undue influence or lack of capacity.

Step-by-step: How to Amend A Revocable Trust

1) Read your trust for the required amendment procedure

Most trusts include a section called something like:

  • “Power to Amend or Revoke”
  • “Amendment”
  • “Revocation and Amendment”

It may require specific wording or signing formalities. If your trust says amendments must be delivered to the trustee, notarized, or signed with witnesses, follow that exactly.

2) Decide what you’re changing (be specific)

Write down:

  • The exact section/article you want to change
  • The current language
  • The new language you want substituted

Precision matters. Vague amendments are one of the biggest causes of disputes later.

3) Draft a written “Trust Amendment”

A proper amendment usually includes:

  • Trust’s full name
  • Date the trust was originally signed
  • Grantor/settlor name(s)
  • Statement that the trust is revocable and being amended
  • The specific amendments (by article/section)
  • Confirmation that all other terms remain unchanged
  • Signature block(s)

4) Sign with the correct formalities

Many states do not require notarization for all trust amendments—but your trust document might, and certain asset transfers (especially real estate) can trigger notarization or recording requirements.

Best practice:

  • Sign in the presence of a notary, even if not strictly required (unless your state rules differ)
  • Use witnesses if your trust requires them

5) Store it correctly and update everyone who needs it

After signing:

  • Attach the amendment to the original trust
  • Keep copies with your estate planning binder/digital vault
  • Provide copies to:
    • The current trustee (if different from you)
    • Successor trustee (recommended)
    • Your estate planning attorney
    • Anyone holding a “Certification of Trust” if the amendment changes trustee powers

6) Confirm your assets still match your plan

A trust amendment changes the trust’s instructions—but it doesn’t automatically retitle assets. Review:

  • Deeds for real estate
  • Bank/investment accounts titled in the trust name
  • Beneficiary designations (these pass outside the trust unless coordinated)

Sample trust amendment wording (general example)

IMPORTANT: This is sample language for educational purposes and may not be valid in your state or for your trust’s required formalities.

AMENDMENT TO THE [NAME OF TRUST] DATED [DATE]
I, [Grantor Name], as Grantor/Settlor of the [Name of Trust] dated [Original Trust Date] (“Trust”), hereby amend the Trust as follows:

  1. Amendment to Article/Section [X]:
    The existing language in Article/Section [X] is deleted and replaced with the following:
    “[Insert new language]”
  2. All other provisions unchanged:
    Except as expressly amended above, all other terms and provisions of the Trust remain in full force and effect.

Dated: [Date]
Grantor/Settlor: ___________________________
[Name]

Notary Acknowledgment (if required or recommended)

Common mistakes when amending a revocable trust

  • Not following the amendment clause in the trust
  • Handwriting changes on the trust document (often creates validity issues)
  • Using vague language like “I change my beneficiaries” without identifying sections
  • Contradicting prior amendments (or forgetting older amendments exist)
  • Failing to update successor trustees or keep them informed
  • Not coordinating the trust with beneficiary designations and titled assets

When you should talk to an Estate Planning Attorney about How to Amend a Revocable Trust

Consider professional guidance if you’re:

  • Disinheriting someone
  • Changing distributions among children from different relationships
  • Adding special needs planning (SNT provisions)
  • Concerned about undue influence challenges
  • Updating a trust that was drafted in another state
  • Dealing with high-value or complex assets (business interests, multiple properties)

FAQ on How To Amend a Revocable Trust

Can I amend my revocable trust myself?


Often yes, but only if you follow the trust’s amendment procedure and your state’s requirements. Mistakes can create ambiguity or litigation risk later.

Does a trust amendment need to be notarized?

Sometimes. Some trusts require it, and it’s often recommended even when not strictly required. Real estate-related updates may have additional formalities.

How many times can I amend a revocable trust?

As many times as you want while you have capacity and the trust remains revocable. If changes pile up, a restatement is usually cleaner.

Do I have to file a trust amendment with the court?

Typically no. Most revocable trusts are private documents. (Exceptions can arise in certain disputes or administration issues.)

Key takeaway On How to Amend a Revocable Trust

To amend a revocable trust properly: follow the trust’s amendment clause, put changes in writing, sign with the correct formalities, and keep the amendment with your original trust documents. If you’re making many changes, a trust restatement may be the safer, cleaner option.

How RK Law Can Help You Learn How to Amend a Revocable Trust

Amending a trust is often straightforward—but it should be done carefully to avoid ambiguity, unintended consequences, or future disputes. RK Law helps clients evaluate whether a simple amendment is enough or whether a restatement is the cleaner approach, then prepares clear, enforceable documents consistent with your goals. We also review how your trust interacts with the rest of your estate plan—such as wills, powers of attorney, health care directives, beneficiary designations, and asset titling—so your plan works together as intended. If you have concerns about capacity, family conflict, or unequal distributions, we can advise on risk-reduction strategies and documentation practices designed to help protect your plan.

Ready to update your trust? RK Law can guide you from start to finish—from reviewing your current trust to drafting and executing the amendment properly.

For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:

NYC Estate Litigation Attorney - RK Law PC Office View

Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com

Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
Visit Regina on LinkedIn
Visit Regina on Facebook

This page is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.

Scroll to Top