Arkansas Trust Amendment

AMENDMENT TO REVOCABLE LIVING TRUST

STATE OF ARKANSAS

AMENDMENT NUMBER: [________________________________]

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

COUNTY: [________________________________], Arkansas

ARTICLE I — IDENTIFICATION OF TRUST

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

Name of Trust: [________________________________]

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

☐ Trust was created on or after September 1, 2005 (Arkansas Trust Code fully applies)

☐ Trust was created before September 1, 2005 (transitional rules may apply under Section 28-73-602(a))

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

Original Trustee(s): [________________________________]

Current Acting Trustee(s): [________________________________]

County of Trust Administration: [________________________________], Arkansas

Prior Amendments or Restatements:

ARTICLE II — RECITALS AND AUTHORITY TO AMEND

A. The Settlor established the above-referenced revocable living trust (the "Trust") on the date specified above under the laws of the State of Arkansas.

B. The Trust is and remains revocable by the Settlor. The Trust does not contain any express provision declaring it to be irrevocable.

C. The Settlor's authority to amend this Trust is governed by Arkansas Code Section 28-73-602, which provides that unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust.

D. Under Arkansas Code Section 28-73-602(c), the settlor may amend a revocable trust:

(1) By substantial compliance with a method provided in the terms of the trust; or

(2) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by:

(A) Executing a later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or

(B) Any other method manifesting clear and convincing evidence of the settlor's intent.

E. Article/Section [________________________________] of the Trust provides for the following method of amendment: [________________________________].

F. The Settlor possesses the requisite capacity to amend this Trust. Pursuant to Arkansas Code Section 28-73-601, the capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.

G. The Settlor executes this Amendment freely and voluntarily, without duress, undue influence, or coercion.

ARTICLE III — SPECIFIC AMENDMENTS

The Settlor hereby amends the Trust as set forth in this Article. Each amendment below identifies the specific provision of the Trust being modified and sets forth the precise nature of the modification.

Section 1 — Provisions Deleted and Replaced

Amendment 1:

Article/Section [________________________________] of the Trust, which presently reads as follows:

"[________________________________]"

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

"[________________________________]"

Amendment 2:

Article/Section [________________________________] of the Trust, which presently reads as follows:

"[________________________________]"

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

"[________________________________]"

Amendment 3:

Article/Section [________________________________] of the Trust, which presently reads as follows:

"[________________________________]"

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

"[________________________________]"

Section 2 — Provisions Added

The following new provisions are hereby ADDED to the Trust:

Addition 1:

A new Article/Section [________________________________] is hereby added to the Trust, to be inserted immediately following Article/Section [________________________________]:

"[________________________________]"

Addition 2:

A new Article/Section [________________________________] is hereby added to the Trust, to be inserted immediately following Article/Section [________________________________]:

"[________________________________]"

Section 3 — Provisions Deleted Without Replacement

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

Deletion 1:

Article/Section [________________________________] of the Trust, which presently reads as follows:

"[________________________________]"

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

ARTICLE IV — CONFIRMATION OF UNAMENDED PROVISIONS

A. Except as expressly modified by this Amendment, all terms, conditions, and provisions of the Trust, including all prior amendments and restatements, shall remain in full force and effect and are hereby ratified and confirmed.

B. This Amendment shall be read, interpreted, and construed together with the original Trust instrument and all prior amendments as a single, integrated document.

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

D. All references in the Trust or prior amendments to "this Trust," "this Trust Agreement," "the Trust Agreement," or similar designations shall 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 Arkansas Trust Code, Arkansas Code Annotated, Title 28, Subtitle 5, Chapter 73, and the general laws of the State of Arkansas. The Chancery Court of [________________________________] County, Arkansas, shall have jurisdiction over disputes arising under or related to this Amendment.

ARTICLE VI — SEVERABILITY

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

ARTICLE VII — CONSTRUCTION AND INTERPRETATION

A. This Amendment is intended to modify only those specific provisions of the Trust expressly identified herein. No inference shall be drawn from this Amendment that any provision of the Trust not expressly referenced herein was intended to be modified.

B. Headings and titles used in this Amendment are for convenience of reference only and shall not affect the construction or interpretation of any provision.

C. As used in this Amendment, the singular shall include the plural and vice versa, and any gender reference shall include all genders, as the context may require.

ARTICLE VIII — POWER OF ATTORNEY AND CONSERVATORSHIP PROVISIONS

☐ This Amendment is executed by the Settlor personally.

☐ This Amendment is executed by the Settlor's duly appointed agent under a power of attorney. The Trust, at Article/Section [________________________________], expressly authorizes the agent to amend the Trust. A copy of the power of attorney is attached as Exhibit [________________________________].

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

ARTICLE IX — EXECUTION

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

Settlor

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

WITNESSES

We, the undersigned, declare that the individual who signed this Amendment, or asked another to sign for him or her, did so in our presence, and that each of us, in the presence of the Settlor and in the presence of each other, hereby signs this Amendment as a witness to the Settlor's execution.

Witness 1:

Signature: _______________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

Witness 2:

Signature: _______________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

STATE OF ARKANSAS

COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [__/__/____], personally appeared [________________________________], to me known (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same for the purposes and consideration therein expressed, and in the capacity therein stated.

WITNESS my hand and official seal.

Notary Signature: _______________________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

Notary Public, State of Arkansas

[NOTARY SEAL]

TRUSTEE ACKNOWLEDGMENT OF RECEIPT AND ACCEPTANCE

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

1. Receipt of this fully executed Amendment on the date indicated below;
2. Understanding of the amendments set forth herein; and
3. Agreement to administer the Trust in accordance with the terms of this Amendment and all unamended provisions of the Trust.

Trustee 1:

Signature: _______________________________________________

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date of Receipt: [__/__/____]

Trustee 2 (if applicable):

Signature: _______________________________________________

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date of Receipt: [__/__/____]

SCHEDULE A — CUMULATIVE RECORD OF TRUST AMENDMENTS

SCHEDULE B — AFFECTED TRUST PROPERTY (IF APPLICABLE)

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

End of Arkansas Trust Amendment