Alabama Trust Amendment

AMENDMENT TO REVOCABLE LIVING TRUST

STATE OF ALABAMA

AMENDMENT NUMBER: [________________________________]

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

COUNTY: [________________________________], Alabama

ARTICLE I — IDENTIFICATION OF TRUST

This Amendment to Revocable Living Trust ("Amendment") pertains to the following trust:

Name of Trust: [________________________________]

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

Settlor(s) / Grantor(s): [________________________________]

Original Trustee(s): [________________________________]

Current Acting Trustee(s): [________________________________]

Situs of Trust Administration: [________________________________] County, Alabama

Prior Amendments or Restatements:

ARTICLE II — RECITALS AND AUTHORITY TO AMEND

A. The Settlor established the Trust on the date indicated above as a revocable living trust under the laws of the State of Alabama.

B. The Trust is revocable under its terms or applicable law, and the Settlor retains the power to amend it. For an instrument executed on or after January 1, 2007, Code of Alabama Section 19-3B-602(a) supplies a default revocation and amendment power unless the trust expressly provides that it is irrevocable.

C. Under Code of Alabama Section 19-3B-602(c), a settlor may amend a revocable trust by substantial compliance with a method in its terms. If the terms provide no method, or the method is not expressly exclusive, the section also permits specified later wills or codicils or another method manifesting clear and convincing evidence of intent. The written-instrument-and-delivery proviso in subsection (c)(2)(B) must be considered when using that alternative for a written trust.

D. The method of amendment provided in the Trust is as follows: [________________________________].

E. The Settlor possesses the requisite capacity to execute this Amendment. Under Code of Alabama Section 19-3B-601, the capacity required to amend a revocable trust is the same as that required to make a will under Alabama law.

F. The Settlor executes this Amendment voluntarily and free from duress, undue influence, fraud, or coercion of any kind.

ARTICLE III — AMENDMENTS

The Settlor hereby amends the Trust as follows:

Section 1 — Provisions Deleted and Replaced

Amendment 1:

Article/Section [________________________________] of the Trust, currently reading as follows:

"[________________________________]"

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

"[________________________________]"

Amendment 2:

Article/Section [________________________________] of the Trust, currently reading as follows:

"[________________________________]"

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

"[________________________________]"

Amendment 3:

Article/Section [________________________________] of the Trust, currently reading as follows:

"[________________________________]"

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

"[________________________________]"

Section 2 — New Provisions Added

The following provisions are hereby ADDED to the Trust:

Addition 1:

A new Article/Section [________________________________] is hereby added to the Trust, to be inserted immediately after Article/Section [________________________________], reading as follows:

"[________________________________]"

Addition 2:

A new Article/Section [________________________________] is hereby added to the Trust, to be inserted immediately after Article/Section [________________________________], reading as follows:

"[________________________________]"

Section 3 — Provisions Deleted Without Replacement

The following provisions of the Trust are hereby DELETED in their entirety and shall be of no further force or effect:

Deletion 1:

Article/Section [________________________________] of the Trust, currently reading as follows:

"[________________________________]"

is hereby DELETED in its entirety without replacement.

Deletion 2:

Article/Section [________________________________] of the Trust, currently reading as follows:

"[________________________________]"

is hereby DELETED in its entirety without replacement.

ARTICLE IV — CONFIRMATION OF UNAMENDED PROVISIONS

Except as expressly amended hereby, all terms, conditions, provisions, and covenants of the Trust, including all prior amendments and restatements thereto, shall remain unchanged and in full force and effect. This Amendment shall be read and construed together with the original Trust instrument and all prior amendments thereto as one integrated document.

In the event of any conflict or inconsistency between the provisions of this Amendment and the provisions of the Trust or any prior amendments thereto, the provisions of this Amendment shall govern and control.

All references in the Trust to "this Trust," "this Trust Agreement," "the Trust," or words of similar import shall be deemed to refer to the Trust as modified by this Amendment and all prior amendments and restatements.

ARTICLE V — GOVERNING LAW AND JURISDICTION

The Settlor intends Alabama law to govern the meaning and effect of this Amendment, subject to the Trust's governing-law terms and Code of Alabama Section 19-3B-107. Any proceeding concerning administration of the Trust shall be brought in a court with jurisdiction under applicable law, including Code of Alabama Section 19-3B-203 when the proceeding is in Alabama.

ARTICLE VI — SEVERABILITY

Should any provision of this Amendment be adjudged invalid, illegal, or unenforceable by any court of competent jurisdiction within the State of Alabama, such adjudication shall not affect the validity, legality, or enforceability of the remaining provisions of this Amendment or of the Trust. The invalid, illegal, or unenforceable provision shall be severed, and the remaining provisions shall be interpreted and enforced to effectuate the Settlor's intent to the maximum extent permitted by Alabama law.

ARTICLE VII — WRITTEN INSTRUMENT REQUIREMENT

This Amendment is a later written instrument. The Settlor directs delivery of a signed copy to each current Trustee and compliance with any amendment method in the Trust. For an amendment relying on the alternative method in Code of Alabama Section 19-3B-602(c)(2)(B), delivery to the Trustee satisfies the written-instrument-and-delivery proviso.

ARTICLE VIII — AGENT OR CONSERVATOR PROVISIONS

☐ This Amendment is executed by the Settlor personally.

☐ This Amendment is executed by the Settlor's agent under a duly executed power of attorney that expressly authorizes amendment of this Trust. Article/Section [________________________________] of the Trust expressly permits amendment by an agent. A copy of the relevant power of attorney is attached as Exhibit [________________________________].

☐ This Amendment is executed by the Settlor's conservator with court approval. A certified copy of the court order authorizing this Amendment is attached as Exhibit [________________________________].

ARTICLE IX — EXECUTION

IN WITNESS WHEREOF, the Settlor has executed this Amendment to the Revocable Living Trust on the date first written above, in the State of Alabama, County of [________________________________].

Settlor

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Additional Settlor (if required)

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

OPTIONAL NOTARY ACKNOWLEDGMENT

STATE OF ALABAMA

COUNTY OF [________________________________]

I, the undersigned Notary Public in and for said County and State, hereby certify that [________________________________], whose name is signed to the foregoing instrument, and who is known to me (or who has produced [________________________________] as identification), appeared before me this day and acknowledged before me that, being informed of the contents of said instrument, he/she executed the same voluntarily on the day the same bears date.

Given under my hand and notarial seal this [__/__/____].

Notary Signature: _______________________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

Notary Public, State of Alabama

[NOTARY SEAL]

TRUSTEE ACKNOWLEDGMENT AND ACCEPTANCE

The undersigned Trustee(s) hereby acknowledge(s):

1. Receipt of this Amendment on the date indicated below, documenting delivery for any applicable requirement under the Trust or Code of Alabama Section 19-3B-602(c)(2)(B);
2. Understanding of the changes made by this Amendment; and
3. Agreement to administer the Trust in accordance with this Amendment and all existing trust provisions not modified hereby.

Trustee 1:

Signature: _______________________________________________

Printed Name: [________________________________]

Date of Receipt: [__/__/____]

Trustee 2 (if applicable):

Signature: _______________________________________________

Printed Name: [________________________________]

Date of Receipt: [__/__/____]

SCHEDULE A — CUMULATIVE RECORD OF TRUST AMENDMENTS

SCHEDULE B — AFFECTED TRUST ASSETS (IF APPLICABLE)

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

End of Alabama Trust Amendment