Trust Amendment - California

AMENDMENT TO REVOCABLE LIVING TRUST

Amendment Number [________________________________]

I. IDENTIFICATION OF TRUST

This Amendment is made and executed on [__/__/____] by the undersigned Settlor(s) to that certain revocable living trust identified as follows:

Trust Name: [________________________________]

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

Settlor(s): [________________________________]

Original Trustee(s): [________________________________]

Current Trustee(s): [________________________________]

Trust Identification Number (if any): [________________________________]

State of Settlor's Domicile at Time of Trust Creation: California

II. RECITALS

WHEREAS, the Settlor established the above-referenced revocable living trust (hereinafter the "Trust") on [__/__/____], which Trust is presumed revocable pursuant to California Probate Code Section 15400;

WHEREAS, the Trust has been previously amended as follows:

☐ No prior amendments have been made to the Trust.

☐ The Trust has been amended on the following date(s): [________________________________]

WHEREAS, the Settlor has reserved the power to amend the Trust pursuant to Article [________________________________] of the Trust, and such power is consistent with California Probate Code Section 15402;

WHEREAS, the Settlor is competent and acting of the Settlor's own free will in executing this Amendment;

WHEREAS, the Settlor desires to amend certain provisions of the Trust as set forth herein without revoking the Trust in its entirety;

NOW, THEREFORE, the Settlor hereby amends the Trust as follows:

III. AMENDMENTS

Amendment 1

Section Being Amended: Article [________________________________], Section [________________________________]

Type of Amendment:

☐ Delete and Replace
☐ Add New Provision
☐ Delete Existing Provision

Current Language (if applicable):

[________________________________]

Amended Language (if applicable):

[________________________________]

Amendment 2

Section Being Amended: Article [________________________________], Section [________________________________]

Type of Amendment:

☐ Delete and Replace
☐ Add New Provision
☐ Delete Existing Provision

Current Language (if applicable):

[________________________________]

Amended Language (if applicable):

[________________________________]

Amendment 3

Section Being Amended: Article [________________________________], Section [________________________________]

Type of Amendment:

☐ Delete and Replace
☐ Add New Provision
☐ Delete Existing Provision

Current Language (if applicable):

[________________________________]

Amended Language (if applicable):

[________________________________]

IV. REASON FOR AMENDMENT

The Settlor makes this Amendment for the following reason(s):

☐ Change in family circumstances (birth, death, marriage, divorce)
☐ Change in financial circumstances or asset holdings
☐ Change in applicable law
☐ Change in trustee designation
☐ Change in beneficiary designation
☐ Change in distribution provisions
☐ Administrative or procedural updates
☐ Tax planning considerations
☐ Other: [________________________________]

V. CONFIRMATION OF UNAMENDED PROVISIONS

Except as expressly modified by this Amendment, all other terms, conditions, and provisions of the Trust, as previously amended (if applicable), shall remain in full force and effect and are hereby ratified and confirmed. In the event of any conflict between this Amendment and any prior provision of the Trust, this Amendment shall control.

VI. INCORPORATION BY REFERENCE

This Amendment shall be read together with and shall form a part of the Trust instrument dated [__/__/____], and all prior amendments thereto. References in any prior trust document or amendment to the "Trust" or the "Trust Agreement" shall be deemed to include this Amendment.

VII. SEVERABILITY

If any provision of this Amendment is held to be invalid, illegal, or unenforceable by any court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Amendment or the Trust, and this Amendment and the Trust shall be construed as if such invalid, illegal, or unenforceable provision had never been included herein. The remaining provisions shall continue in full force and effect.

VIII. GOVERNING LAW

This Amendment shall be governed by, construed, and enforced in accordance with the laws of the State of California, including but not limited to the California Probate Code, Division 9 (Trust Law), Sections 15000 et seq. Any dispute arising from this Amendment shall be subject to the jurisdiction of the Superior Court of the State of California, County of [________________________________].

IX. CALIFORNIA-SPECIFIC STATUTORY COMPLIANCE

This Amendment is executed in compliance with the following provisions of California law:

1. Probate Code Section 15400: The Trust is revocable, as it is not expressly made irrevocable by the Trust instrument.

2. Probate Code Section 15401: This Amendment is executed by a writing signed by the Settlor and delivered to the Trustee during the Settlor's lifetime.

3. Probate Code Section 15402: The Settlor modifies the Trust by the procedure for revocation as permitted under the Trust instrument and applicable law.

4. Delivery Requirement: A copy of this Amendment shall be delivered to the Trustee in accordance with Probate Code Section 15401(a)(2).

X. NOTIFICATION TO BENEFICIARIES

☐ The Settlor directs the Trustee to notify the following beneficiaries of this Amendment: [________________________________]

☐ The Settlor does not direct the Trustee to notify beneficiaries of this Amendment at this time.

XI. EXECUTION

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

Settlor Execution

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Co-Settlor Execution (if applicable)

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

XII. TRUSTEE ACKNOWLEDGMENT OF RECEIPT

The undersigned Trustee hereby acknowledges receipt of this Amendment to the Trust on the date set forth below and agrees to administer the Trust in accordance with the Trust as amended hereby.

Signature: ________________________________________

Printed Name: [________________________________]

Title: Trustee of the [________________________________] Trust

Date: [__/__/____]

XIII. NOTARY ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF [________________________________]

On [__/__/____], before me, [________________________________], a Notary Public in and for said State, personally appeared [________________________________], who 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.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public: ________________________________________

(Seal)

Commission Number: [________________________________]

My Commission Expires: [__/__/____]

XIV. SCHEDULE OF PRIOR AMENDMENTS (IF APPLICABLE)

XV. ATTORNEY CERTIFICATION (OPTIONAL)

I, [________________________________], an attorney licensed to practice law in the State of California (State Bar No. [________________________________]), certify that I prepared this Amendment at the direction of the Settlor, that I reviewed the original Trust instrument and all prior amendments, and that this Amendment is consistent with the Settlor's expressed intentions.

Signature: ________________________________________

Date: [__/__/____]

This Amendment consists of [________________________________] pages, each of which has been initialed by the Settlor.

Settlor's Initials: ________ Co-Settlor's Initials (if applicable): ________