Living Trust Amendment
Amendment to a revocable living trust — change beneficiaries, trustees, distributions, or other provisions without restating the entire trust.
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FIRST AMENDMENT TO
THE PATRICIA A. WELLINGTON REVOCABLE LIVING TRUST
DATED APRIL 15, 2018
This First Amendment (this "Amendment") to The Patricia A. Wellington Revocable Living Trust dated April 15, 2018 (the "Trust") is made and entered into as of May 7, 2026 (the "Amendment Date") by Patricia A. Wellington, the Grantor of the Trust.
RECITALS
A. The Grantor established the Trust on April 15, 2018, and reserved the absolute right to amend, modify, or revoke the Trust at any time during the Grantor's lifetime, while the Grantor has capacity, by signed written instrument.
B. The Grantor wishes to amend the Trust as set forth herein.
C. The Grantor is of sound mind and acts voluntarily, free from duress or undue influence.
AMENDMENT
1. Section Amended. The Grantor amends Article V, Section 5.3 (Residuary Distribution) of the Trust as follows.
2. Previous Language. The previous language of Article V, Section 5.3 (Residuary Distribution) read as follows:
"After payment of expenses, debts, taxes, and specific gifts, the Trustee shall distribute the residue of the Trust Estate equally among my three children: Daniel R. Wellington, Eleanor R. Wellington-Park, and Matthew J. Wellington."
3. Amended Language. Article V, Section 5.3 (Residuary Distribution) is hereby deleted in its entirety and replaced with the following:
"After payment of expenses, debts, taxes, and specific gifts, the Trustee shall distribute the residue of the Trust Estate as follows: 40% to Daniel R. Wellington; 40% to Eleanor R. Wellington-Park; 20% to Matthew J. Wellington. If any beneficiary predeceases the Grantor, that beneficiary's share passes to that beneficiary's descendants per stirpes."
4. Reason for Amendment. Matthew has received substantial lifetime gifts; this adjustment reflects a more equitable overall distribution among the three children. The Grantor remains of sound mind and acts of free will.
5. Ratification of Trust. Except as expressly amended hereby, all other terms and provisions of the Trust remain in full force and effect, and the Grantor hereby ratifies and confirms the Trust as so amended.
6. Capacity and Voluntariness. The Grantor expressly acknowledges that this Amendment is executed while the Grantor has full mental capacity, with full understanding of its effect, and is the free and voluntary act of the Grantor.
7. Governing Law. This Amendment is governed by the laws of the State of North Carolina.
8. Counterparts. This Amendment may be executed in counterparts, each of which is deemed an original.
IN WITNESS WHEREOF, the Grantor has executed this Amendment as of the Amendment Date.
_______________________________
Patricia A. Wellington
Grantor
WITNESSES (two required in most states):
_______________________________ _______________________________
Witness 1 — Print Name Witness 2 — Print Name
_______________________________ _______________________________
Witness 1 — Signature Witness 2 — Signature
NOTARY ACKNOWLEDGMENT
STATE OF NORTH CAROLINA )
) ss.
COUNTY OF ____________________ )
On this ____ day of _____________________, 20___, before me personally appeared Patricia A. Wellington, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged execution of the same as a free and voluntary act for the uses and purposes herein set forth.
_______________________________
Notary Public
My commission expires: ____________________
About this template
A trust amendment is a far simpler and faster instrument than a full trust restatement when the grantor wants to change a specific provision of an existing revocable living trust. Amendments are used for: changing the beneficiary list (births, deaths, marriages, divorces, estrangements), updating successor trustees, modifying distribution shares, adding or removing specific gifts, and adjusting trustee powers. The key advantages of an amendment over a restatement: (1) significantly shorter document — typically 1-3 pages versus 30+ for a full trust; (2) preserves the original trust's execution date and chain of title for assets already titled to the trust; (3) lower attorney cost; (4) faster to execute. The trade-off: when many provisions change at once, an amendment becomes confusing to read alongside the original — practitioners often recommend a full restatement if more than 2-3 distinct sections change. Amendments are typically numbered (First, Second, Third) and should reference both the trust name and the original execution date precisely. Critical execution requirements: (a) signed by the grantor while the grantor has mental capacity (the trust's capacity standard, typically the same as a will); (b) typically witnessed by two individuals (most states); (c) notarized (most states require notarization for trust amendments to be enforceable); (d) physically attached to or stored with the original trust document; (e) provided to the successor trustee and any current beneficiaries who should be informed. The most-litigated amendment issue is capacity. When a trust amendment is executed close to the grantor's death, by an elderly grantor, or after a significant family conflict, courts scrutinize whether the grantor had testamentary capacity and was free from undue influence. Defensive practices: video-record the amendment signing if there's any concern about future challenge; have the grantor explain the changes in plain language to demonstrate understanding; involve independent counsel rather than counsel for the new beneficiary; preserve correspondence showing the grantor's decision-making over time. State considerations: most states recognize trust amendments under the Uniform Trust Code (28 states have adopted it in some form). California, Texas, and Florida have non-UTC trust codes with their own specific requirements. Virginia, New York, and Massachusetts have unique witnessing/execution rules. For trust amendments executed after a divorce, federal and state law (most states have automatic-revocation statutes) automatically revokes provisions naming a former spouse — but the amendment should explicitly address this rather than relying on automatic revocation, which has surprising edge cases (e.g., remarriage, separation without divorce). Note that an amendment can ONLY change the trust if the trust is revocable. If the trust is irrevocable, amendments are generally not permitted absent a court-approved trust modification, decanting, or trust protector action — those are different instruments handled by separate templates and generally require attorney involvement.
When to use it
- Change beneficiaries or distribution shares (births, deaths, divorces, family changes).
- Update successor trustees (death, incapacity, or change of preferred trustee).
- Add or remove specific gifts of property to specific beneficiaries.
- Modify trustee powers or distribution standards.
- Make any other change to a revocable living trust without restating the entire trust.
What to include
- Identification of the trust (name and original execution date).
- Amendment number (First, Second, Third).
- Specific section or article being amended.
- Previous language (verbatim, in quotes).
- New / amended language (verbatim, in quotes).
- Ratification of all unchanged provisions.
- Grantor signature, two witnesses, and notarization.