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AMENDMENT TO REVOCABLE LIVING TRUST

STATE OF ALASKA


// GUIDANCE: Confirm the amendment number is accurate by reviewing prior amendments. If this is a first amendment, verify no prior amendments exist.

AMENDMENT NUMBER: [________________________________]

DATE OF THIS AMENDMENT: [__/__/____]


ARTICLE I — IDENTIFICATION OF TRUST

This Amendment is made to the revocable living trust identified as follows:

Name of Trust: [________________________________]

Date of Original Trust Instrument: [__/__/____]

Settlor(s): [________________________________]

Original Trustee(s): [________________________________]

Current Trustee(s): [________________________________]

// GUIDANCE: If the trust has been previously amended or restated, list each prior amendment or restatement below with its date. This establishes a complete documentary chain.

Prior Amendments or Restatements:

Amendment/Restatement No. Date Summary of Changes
[________________________________] [__/__/____] [________________________________]
[________________________________] [__/__/____] [________________________________]
[________________________________] [__/__/____] [________________________________]

ARTICLE II — RECITALS AND AUTHORITY TO AMEND

A. The Settlor created the above-referenced revocable living trust (the "Trust") on the date specified above.

B. The Trust is and remains revocable by the Settlor during the Settlor's lifetime.

C. Pursuant to Alaska Statutes Section 13.36.340, a trust that is revocable by the settlor may be modified by (1) substantial compliance with a method of modification provided in the trust instrument, or (2) a writing, other than a will, signed by the settlor and delivered to the trustee during the lifetime of the settlor, except that if the trust instrument expressly makes the method of revocation provided in the trust instrument the exclusive method of revocation, the trust may not be modified under this alternative method.

D. Article/Section [________________________________] of the Trust provides for the method of amendment as follows: [________________________________].

// GUIDANCE: If the trust instrument contains an exclusive amendment method, confirm this amendment complies with that method exactly. If it does not contain an exclusive method, the statutory method under AS 13.36.340(a)(2) applies.

E. The Settlor has the legal capacity to execute this Amendment and does so voluntarily, free from duress, undue influence, or coercion.

F. The Settlor intends this Amendment to modify only those specific provisions of the Trust set forth herein, with all other provisions remaining in full force and effect.


ARTICLE III — AMENDMENTS

The Settlor hereby amends the Trust as follows:

// GUIDANCE: Use the appropriate format below for each change. Be as specific as possible in identifying the article, section, or paragraph being amended. Include the full text of both the deleted and replacement language to avoid ambiguity.

Section 1 — Provisions Deleted and Replaced

The following provisions of the Trust are hereby deleted in their entirety and replaced with the language set forth below:

Amendment 1:

Article/Section [________________________________] of the Trust, which currently reads:

"[________________________________]"

is hereby DELETED in its entirety and REPLACED with the following:

"[________________________________]"

Amendment 2:

Article/Section [________________________________] of the Trust, which currently reads:

"[________________________________]"

is hereby DELETED in its entirety and REPLACED with the following:

"[________________________________]"

// GUIDANCE: Add additional "delete and replace" amendments as needed following the same format.


Section 2 — Provisions Added

The following new provisions are hereby ADDED to the Trust:

Addition 1:

The following new Article/Section [________________________________] is hereby added to the Trust immediately following Article/Section [________________________________]:

"[________________________________]"

Addition 2:

The following new Article/Section [________________________________] is hereby added to the Trust immediately following Article/Section [________________________________]:

"[________________________________]"

// GUIDANCE: Add additional provisions as needed. Specify the exact placement within the Trust document.


Section 3 — Provisions Deleted

The following provisions of the Trust are hereby DELETED in their entirety without replacement:

Deletion 1:

Article/Section [________________________________] of the Trust, which currently reads:

"[________________________________]"

is hereby DELETED in its entirety and shall have no further force or effect.

Deletion 2:

Article/Section [________________________________] of the Trust, which currently reads:

"[________________________________]"

is hereby DELETED in its entirety and shall have no further force or effect.

// GUIDANCE: Add additional deletions as needed.


ARTICLE IV — CONFIRMATION OF UNAMENDED PROVISIONS

Except as expressly modified by this Amendment, all terms, conditions, and provisions of the Trust, including any prior amendments thereto, shall remain in full force and effect. In the event of any conflict between the provisions of this Amendment and the provisions of the Trust or any prior amendments, the provisions of this Amendment shall control.

All references in the Trust to "this Trust" or "this Trust Agreement" or similar designations shall hereafter be deemed to refer to the Trust as modified by this Amendment and all prior amendments.


ARTICLE V — GOVERNING LAW

This Amendment shall be governed by and construed in accordance with the laws of the State of Alaska, including but not limited to the Alaska Trust Act, AS 13.36.

// GUIDANCE: If the trust holds property in multiple states, or if the settlor has relocated to or from Alaska, review choice-of-law provisions carefully. Alaska's favorable trust laws (including asset protection under AS 34.40.110) may be a factor in situs selection.


ARTICLE VI — SEVERABILITY

If any provision of this Amendment is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction in the State of Alaska, such invalidity, illegality, or unenforceability shall not affect any other provision of this Amendment or the Trust, and the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the Settlor's intent.


ARTICLE VII — DELIVERY TO TRUSTEE

// GUIDANCE: Under AS 13.36.340(a)(2), delivery of the written amendment to the trustee is a statutory requirement if the amendment is not being made under the trust's own specified method.

The Settlor shall deliver a copy of this executed Amendment to the Trustee. The Trustee's acknowledgment of receipt below shall serve as evidence of delivery pursuant to AS 13.36.340(a)(2), but delivery shall be effective upon actual receipt by the Trustee regardless of whether the acknowledgment is executed.


ARTICLE VIII — ATTORNEY-IN-FACT RESTRICTIONS

Pursuant to AS 13.36.340(d), this Amendment has not been executed by an attorney-in-fact under a power of attorney unless the Trust instrument expressly permits such modification by an attorney-in-fact.

☐ This Amendment is executed by the Settlor personally.

☐ This Amendment is executed by the Settlor's attorney-in-fact, and Article/Section [________________________________] of the Trust expressly authorizes such execution. A copy of the power of attorney is attached hereto as Exhibit [________________________________].

// GUIDANCE: If an attorney-in-fact is executing this amendment, verify that the trust instrument contains express authorization. Under AS 13.36.340(d), absent such express authorization, the amendment will be void.


ARTICLE IX — EXECUTION

IN WITNESS WHEREOF, the Settlor has executed this Amendment to the Trust on the date first written above.

Settlor

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

// GUIDANCE: Alaska does not statutorily require witnesses for trust amendments, but witnesses are recommended for evidentiary purposes, particularly to establish capacity and voluntariness.

Witnesses (Recommended)

Witness 1:

Signature: _______________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

Witness 2:

Signature: _______________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]


NOTARY ACKNOWLEDGMENT

// GUIDANCE: Although not required by AS 13.36.340 for trust amendments, notarization is strongly recommended. It is required if the trust holds Alaska real property and a memorandum or amended deed of trust must be recorded.

STATE OF ALASKA

JUDICIAL DISTRICT OF: [________________________________]

On this [__/__/____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Signature: _______________________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]


TRUSTEE ACKNOWLEDGMENT OF RECEIPT

The undersigned Trustee(s) hereby acknowledge(s) receipt of this Amendment on the date indicated below, in satisfaction of the delivery requirement of AS 13.36.340(a)(2).

Trustee 1:

Signature: _______________________________________________

Printed Name: [________________________________]

Date of Receipt: [__/__/____]

Trustee 2 (if applicable):

Signature: _______________________________________________

Printed Name: [________________________________]

Date of Receipt: [__/__/____]


SCHEDULE A — RECORD OF AMENDMENTS TO TRUST

// GUIDANCE: This schedule should be updated with each amendment to provide a cumulative record. Attach it to the original trust instrument with all prior amendment records.

Amendment No. Date Executed Date Delivered to Trustee Summary of Changes Prepared By
[________________________________] [__/__/____] [__/__/____] [________________________________] [________________________________]
[________________________________] [__/__/____] [__/__/____] [________________________________] [________________________________]
[________________________________] [__/__/____] [__/__/____] [________________________________] [________________________________]
[________________________________] [__/__/____] [__/__/____] [________________________________] [________________________________]

SCHEDULE B — AFFECTED TRUST PROPERTY (IF APPLICABLE)

// GUIDANCE: If this amendment changes provisions relating to specific trust property (e.g., real estate, financial accounts, business interests), list the affected property here for reference. If the trust holds Alaska real property and the amendment affects title or beneficial interests, consider recording a memorandum of trust amendment with the appropriate Alaska recording district.

Property Description Type Account/Parcel No. Effect of Amendment
[________________________________] [________________________________] [________________________________] [________________________________]
[________________________________] [________________________________] [________________________________] [________________________________]
[________________________________] [________________________________] [________________________________] [________________________________]

This Amendment consists of [________________________________] pages, including all schedules and exhibits.

End of Alaska Trust Amendment

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TRUST AMENDMENT

STATE OF ALASKA


Effective Date: [DATE]
Party A: [PARTY A NAME]
Address: [PARTY A ADDRESS]
Party B: [PARTY B NAME]
Address: [PARTY B ADDRESS]
Governing Law: [GOVERNING STATE]

This document is entered into by and between [PARTY A NAME] and [PARTY B NAME], effective as of the date set forth above, subject to the terms and conditions outlined herein and the laws of [GOVERNING STATE].
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