AMENDMENT TO REVOCABLE LIVING TRUST

STATE OF ARIZONA

AMENDMENT NUMBER: [________________________________]

THIS AMENDMENT TO REVOCABLE LIVING TRUST ("Amendment") is made and executed on this [__/__/____] ("Effective Date"),

BY:

Settlor(s):

Name: [________________________________]

Address: [________________________________]

City: [________________________________] State: Arizona ZIP: [________________________________]

// GUIDANCE: For married couples with a joint trust in Arizona (a community property state), both spouses must execute this Amendment if it pertains to community property. Under A.R.S. 14-10602(D), amendment of community property provisions requires joint action.

Name: [________________________________]

Address: [________________________________]

City: [________________________________] State: Arizona ZIP: [________________________________]

RECITALS

WHEREAS, the Settlor(s) created and established a revocable living trust known as the [________________________________] (the "Trust"), executed on [__/__/____], and governed by the laws of the State of Arizona; and

WHEREAS, the Trust is currently administered by [________________________________] as Trustee(s); and

WHEREAS, pursuant to A.R.S. 14-10601, unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust, and the Trust does not contain any provision making it irrevocable; and

WHEREAS, the Trust has been previously amended as follows:

☐ No prior amendments have been executed.

☐ The following prior amendment(s) have been executed:

WHEREAS, under Article [________________________________], Section [________________________________] of the Trust, the Settlor(s) reserved the right and power to amend the Trust during the Settlor's lifetime; and

WHEREAS, pursuant to A.R.S. 14-10602, a settlor may amend a revocable trust by substantial compliance with a method provided in the trust terms, or if no exclusive method is provided, by any other writing signed by the settlor manifesting clear and convincing evidence of the settlor's intent to amend; and

WHEREAS, the Settlor(s) possess(es) the capacity required to amend this Trust, which under A.R.S. 14-10601 is the same capacity as that required to execute a will under Arizona law; and

WHEREAS, the community property and separate property status of the Trust assets is as follows:

// GUIDANCE: Arizona is a community property state. Properly identifying the character of trust property is essential because A.R.S. 14-10602(D) imposes different requirements for amendment of community property vs. separate property.

☐ The Trust contains only the separate property of a single Settlor.

☐ The Trust contains community property of the Settlors, who are married to each other, and both spouses are executing this Amendment jointly as required by A.R.S. 14-10602(D).

☐ The Trust contains both community property and separate property, and both Settlors are executing this Amendment.

☐ The Trust contains only the separate property contribution of the executing Settlor, and this Amendment pertains solely to that Settlor's separate property portion.

WHEREAS, the Settlor(s) desire(s) to amend certain provisions of the Trust as set forth below;

NOW, THEREFORE, the Settlor(s), acting pursuant to A.R.S. 14-10602 and the amendment powers reserved in the Trust, hereby amend(s) the Trust as follows:

ARTICLE I — SPECIFIC AMENDMENTS

// GUIDANCE: Identify each provision to be amended with specificity. Arizona courts look for "clear and convincing evidence" of the settlor's intent when amendment is made outside the trust's specified method. Precise drafting satisfies this standard.

Amendment 1

Type of Modification:

☐ Delete and Replace

☐ Add New Provision

☐ Delete Without Replacement

Affected Provision: Article [________________________________], Section [________________________________], Paragraph [________________________________] of the Trust, dated [__/__/____].

Existing Language (to be removed or replaced):

[________________________________]

[________________________________]

[________________________________]

// GUIDANCE: If adding a new provision, state "N/A — new provision; no existing language is being replaced."

Replacement/New Language:

[________________________________]

[________________________________]

[________________________________]

// GUIDANCE: If deleting without replacement, state "N/A — provision deleted in its entirety."

Purpose of This Modification:

[________________________________]

Amendment 2

Type of Modification:

☐ Delete and Replace

☐ Add New Provision

☐ Delete Without Replacement

Affected Provision: Article [________________________________], Section [________________________________] of the Trust.

Existing Language:

[________________________________]

[________________________________]

Replacement/New Language:

[________________________________]

[________________________________]

Purpose of This Modification:

[________________________________]

Amendment 3

Type of Modification:

☐ Delete and Replace

☐ Add New Provision

☐ Delete Without Replacement

Affected Provision: Article [________________________________], Section [________________________________] of the Trust.

Existing Language:

[________________________________]

[________________________________]

Replacement/New Language:

[________________________________]

[________________________________]

Purpose of This Modification:

[________________________________]

// GUIDANCE: Add additional amendment sections as needed.

ARTICLE II — AFFIDAVIT OF TRUST UPDATE

// GUIDANCE: This article is unique to Arizona practice. Under A.R.S. 33-404, when a trust holds Arizona real property, an Affidavit of Trust is typically recorded with the county recorder's office. If this Amendment changes the trustee, trust name, or powers related to real property, an amended Affidavit of Trust may need to be recorded.

☐ Not Applicable. The Trust does not hold real property in Arizona, or this Amendment does not affect provisions relevant to the recorded Affidavit of Trust. No amended Affidavit of Trust is required.

☐ Amended Affidavit Required. This Amendment changes provisions relevant to the Affidavit of Trust previously recorded in [________________________________] County, Arizona, Instrument/Recording Number [________________________________]. An amended Affidavit of Trust shall be prepared and recorded pursuant to A.R.S. 33-404.

// GUIDANCE: An Affidavit of Trust under A.R.S. 33-404 must include: the date of execution, the identity of the settlor and trustee, the powers of the trustee, the legal description of real property, and whether the trust is revocable. It does NOT require disclosure of beneficiaries or the full trust terms.

☐ Beneficiary Deed Review. The Trust holds real property subject to a beneficiary deed recorded under A.R.S. 33-405. This Amendment ☐ does / ☐ does not require an updated beneficiary deed. Attorney should review for coordination.

ARTICLE III — COMMUNITY PROPERTY CONFIRMATION

// GUIDANCE: Arizona community property law significantly impacts trust administration. This article addresses the characterization of trust property after the amendment.

☐ Single Settlor / Separate Property Only. This Article does not apply.

☐ Community Property Confirmation. The Settlors, as married spouses, hereby confirm that the following trust property retains its community property character after this Amendment:

[________________________________]

☐ Separate Property Confirmation. The Settlor(s) confirm that the following trust property is and remains the separate property of the indicated Settlor:

☐ Transmutation. The Settlors agree to change the character of the following property, with full knowledge and consent of both spouses:

// GUIDANCE: Transmutation of community property to separate property (or vice versa) requires the informed consent of both spouses. Consider whether a separate community property agreement is advisable.

ARTICLE IV — CONFIRMATION OF UNAMENDED PROVISIONS

Except as expressly modified by this Amendment, all terms, provisions, and conditions of the Trust, as originally established on [__/__/____] and as previously amended (if applicable), shall remain in full force and effect and are hereby ratified and confirmed. Where any conflict exists between this Amendment and the original Trust instrument or any prior amendment, the terms of this Amendment shall control.

ARTICLE V — CONSTRUCTION AND INTERPRETATION

This Amendment shall be read and construed as part of the Trust instrument. All references in the Trust to articles, sections, or provisions that are modified by this Amendment shall be understood to refer to such provisions as amended herein. The Trust instrument, all prior amendments, and this Amendment shall be read together as one integrated document.

ARTICLE VI — GOVERNING LAW

This Amendment shall be governed by and construed in accordance with the laws of the State of Arizona, including the Arizona Trust Code, A.R.S. Title 14, Chapter 11, and applicable Arizona common law. Jurisdiction and venue for any proceedings related to this Trust shall lie in the Superior Court of [________________________________] County, Arizona.

ARTICLE VII — SEVERABILITY

If any provision of this Amendment is held to be invalid, void, or unenforceable under Arizona law, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. Any invalid provision shall be modified to the minimum extent necessary to achieve the Settlor's intent while complying with Arizona law.

ARTICLE VIII — TRUSTEE ACKNOWLEDGMENT

// GUIDANCE: Under A.R.S. 14-10603, a trustee who does not know of an amendment is not liable for distributions or actions taken on the assumption the trust was unamended. Trustee acknowledgment eliminates this safe harbor and ensures proper administration.

☐ The Settlor is currently serving as sole Trustee; execution of this Amendment constitutes Trustee acknowledgment.

☐ A separate Trustee is serving and acknowledges this Amendment below.

EXECUTION

// GUIDANCE: A.R.S. 14-10602 does not require witnesses or notarization for trust amendments — only a writing signed by the settlor manifesting clear and convincing evidence of intent. However, Arizona practitioners universally recommend both witnesses and notarization. Notarization is essential if the trust holds real property or if an amended Affidavit of Trust must be recorded under A.R.S. 33-404.

IN WITNESS WHEREOF, the undersigned Settlor(s) has/have executed this Amendment to the Revocable Living Trust on the date first written above, manifesting clear and convincing intent to amend the Trust as set forth herein, pursuant to A.R.S. 14-10602.

Settlor Signature(s)

Settlor:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Co-Settlor / Spouse (if applicable):

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee Acknowledgment (if Trustee is not the Settlor)

I, the undersigned Trustee, hereby acknowledge receipt of this Amendment and agree to administer the Trust in accordance with its terms as amended.

Trustee:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Successor Trustee (optional acknowledgment):

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Witness Attestation

We, the undersigned witnesses, each being at least eighteen (18) years of age and of sound mind, declare that the Settlor(s) signed this Amendment in our presence and acknowledged it to be the Settlor's Amendment to the Trust. We believe the Settlor(s) to be of sound mind, acting voluntarily, and free from duress, menace, fraud, or undue influence. Neither of us is a beneficiary of the Trust.

Witness 1:

Signature: ________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

Witness 2:

Signature: ________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

Notary Acknowledgment

STATE OF ARIZONA

COUNTY OF [________________________________]

On this [__/__/____], before me, the undersigned Notary Public, personally appeared [________________________________] (and [________________________________], if co-settlor), 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) executed the instrument.

WITNESS my hand and official seal.

Signature of Notary Public: ________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

Notary Seal/Stamp:

SCHEDULE A — AMENDMENT HISTORY

SCHEDULE B — REAL PROPERTY HELD IN TRUST

// GUIDANCE: This schedule is important for Arizona practice due to the Affidavit of Trust requirements under A.R.S. 33-404 and beneficiary deed provisions under A.R.S. 33-405.

End of Amendment to Revocable Living Trust — State of Arizona

This document consists of [________________________________] pages.

Settlor Initials: ________ / ________