Alaska Trust Amendment

AMENDMENT TO ALASKA REVOCABLE TRUST

1. Amendment Record

Attach a complete amendment history and compare this amendment against the current integrated trust text, not only the original instrument.

2. Eligibility and Authority Gate

Complete every applicable item before using the operative amendment.

Alaska Law and Revocability

• ☐ The trust expressly states that it is revocable by the Settlor whose property or rights are affected.
• ☐ The trust does not expressly state revocability, but counsel has confirmed that AS 13.36.338 supplies the presumption because the trust was executed on or after August 30, 2000 and at least one statutory connection applies:
• ☐ the Settlor was domiciled in Alaska when the trust was created;
• ☐ the trust instrument was executed in Alaska; or
• ☐ the trust provides that Alaska law governs.
• ☐ A different current-law basis establishes revocability: [AUTHORITY / EXPLANATION].

Do not select the § 13.36.338 route for an earlier trust or without one of its listed Alaska connections.

Amendment Method Under AS 13.36.340(a)

Select the approved route:

• ☐ Trust-instrument route. This Amendment substantially complies with the modification method in Article/Section [____], which requires: [EXACT STEPS].
• ☐ Statutory writing-and-delivery route. This Amendment is a writing other than a will, is signed by the authorized Settlor during the Settlor's lifetime, and will be delivered to the Trustee during that lifetime.
• ☐ Both routes. The Amendment satisfies the trust method and will also be signed and delivered as described above.

Section 13.36.340(a)(2)'s express exclusivity sentence addresses a trust instrument that makes its stated revocation method exclusive. Counsel has reviewed any language purporting to make an amendment or revocation method exclusive and has approved the selected route: [NOTES].

Multiple-Settlor Property Under AS 13.36.340(b)

• ☐ The trust has one Settlor.
• ☐ The trust has more than one Settlor. Counsel has mapped each affected asset to the contributing Settlor and confirmed who may modify the non-community-property portion contributed by that Settlor.
• ☐ The affected portion is community property. The community-property-trust review below is complete.

Alaska Community Property Trust Under AS 34.77.100

Select one:

• ☐ This is not an Alaska community property trust.
• ☐ This is an Alaska community property trust. The trust expressly declares identified property to be community property, satisfies § 34.77.100(a), and was signed by both spouses.

If it is a community property trust, § 34.77.100(e) permits amendment or revocation only when the trust itself provides for it or through a later community property trust. Counsel has selected and documented the route:

• ☐ Amendment method expressly provided in Article/Section [____]: [METHOD].
• ☐ Later community property trust attached as Exhibit [____].
• ☐ Surviving-spouse provision after the first spouse's death applies to the surviving spouse's property: [COUNSEL ANALYSIS].

Required spouse or settlor signatures: [________________________________].

Attorney-in-Fact Under AS 13.36.340(c)

• ☐ Every Settlor signs personally.
• ☐ An attorney-in-fact will sign. The trust instrument expressly permits the attorney-in-fact to modify the trust, and counsel has separately confirmed the power of attorney and scope of authority.

Trust article/section granting express permission: [________________________________]

Power of attorney date and relevant authority: [________________________________]

Do not use an agent signature unless the trust instrument expressly permits the modification.

3. Recitals

This Amendment is made by [AUTHORIZED SETTLOR NAME(S)] (collectively, the “Settlor”) concerning the [TRUST NAME] dated [DATE], as previously amended (the “Trust”).

The Settlor confirms that:

1. the Trust is revocable to the extent affected by this Amendment;
2. the Settlor has authority to modify the affected provisions and property;
3. the selected method in Section 2 applies and will be completed;
4. this Amendment changes only the provisions expressly identified below; and
5. the attached exhibits and quoted text have been checked against the current Trust.

4. Amendments

Use a separate numbered item for each change. Quote enough current text and location information to eliminate ambiguity.

Amendment 1 — Delete and Replace

Article/Section [LOCATION], currently reading:

[CURRENT TEXT]

is deleted and replaced with:

[REPLACEMENT TEXT]

Affected property, beneficiary, fiduciary, power, or tax provision: [________________________________]

Related definitions, cross-references, schedules, and exhibits also reviewed: [________________________________]

Amendment 2 — Add Provision

The following provision is added as Article/Section [LOCATION]:

[NEW TEXT]

Placement and cross-reference instructions: [________________________________]

Amendment 3 — Delete Without Replacement

Article/Section [LOCATION], currently reading:

[CURRENT TEXT]

is deleted without replacement.

Cross-references removed or revised: [________________________________]

Add numbered amendments as needed. Delete every unused sample subsection before execution.

5. Property, Beneficiary, and Administration Review

An amendment may change trust terms without changing the record title or account registration of an asset. Counsel has reviewed whether separate action is needed:

The following parties or advisers reviewed the amendment's consequences:

• Trustee administration: [NAME / CONCLUSION]
• Beneficiary interests: [NAME / CONCLUSION]
• Estate, gift, income, and generation-skipping tax: [ADVISER / CONCLUSION]
• Public-benefits or creditor implications: [ADVISER / CONCLUSION]
• Business, retirement, insurance, or real-property documents: [ADVISER / CONCLUSION]

6. Confirmation and Construction

Except as expressly modified, the Trust and its prior amendments remain unchanged. If this Amendment conflicts with an earlier provision on the same subject, this Amendment controls to the extent of the conflict.

Terms used but not defined in this Amendment have the meanings assigned in the Trust. References to the Trust mean the Trust as validly amended through this Amendment.

This Amendment is governed and construed as stated in the Trust, subject to the governing-law conclusion documented in Section 2.

7. Execution

Executed on [DATE].

Settlor

Signature: __________________________________

Printed name: [________________________________]

Additional Settlor or Spouse

Signature: __________________________________

Printed name: [________________________________]

Capacity and affected property: [________________________________]

Attorney-in-Fact — Use Only if Section 2 Authorizes

[SETTLOR NAME], by attorney-in-fact

By: __________________________________

Attorney-in-fact printed name: [________________________________]

Trust authorization article/section: [________________________________]

Power of attorney attached or stored at: [________________________________]

Add a separate signature for every Settlor or spouse whose authority is required. Alaska counsel should direct any witness, notarial, electronic-signature, or special-capacity formalities based on the trust, signer, property, and intended use.

8. Optional Notarial Certificate

Use only if counsel, a receiving institution, or a recording/title process requests acknowledgment. The notarial officer must supply and complete the current certificate appropriate to the signer's actual capacity.

[CURRENT NOTARIAL CERTIFICATE COMPLETED BY NOTARIAL OFFICER]

9. Delivery and Receipt Record

For the AS 13.36.340(a)(2) route, the signed writing must be delivered to the Trustee during the Settlor's lifetime. Record actual delivery rather than relying only on a signature date.

Trustee Acknowledgment of Receipt

The undersigned acknowledges receipt of this Amendment on the date stated below. This acknowledgment records receipt and does not add a Trustee-consent requirement unless the Trust or another applicable rule requires consent.

Trustee signature: __________________________________

Printed name and capacity: [________________________________]

Actual date of receipt: [__/__/____]

10. Amendment File Checklist

• ☐ Fully executed Amendment
• ☐ Current Trust and every prior amendment or restatement
• ☐ Counsel's revocability and authority analysis
• ☐ Community-property analysis, if applicable
• ☐ Power of attorney and express trust permission, if applicable
• ☐ Delivery evidence
• ☐ Separate property-title, account, beneficiary, or filing documents
• ☐ Tax and benefits review memoranda
• ☐ Updated integrated trust copy or amendment index

Official Sources

• Alaska Statutes, AS 13.36.300 through 13.36.390 — current trust provisions
• Alaska Statutes, AS 34.77.090 through 34.77.110 — community property agreements and trusts