AMENDMENT TO REVOCABLE LIVING TRUST

STATE OF COLORADO

// GUIDANCE: Colorado adopted the Uniform Trust Code effective January 1, 2019. Trusts created before that date were previously governed by CRS 15-16-702. Confirm which statutory regime applies and whether any transitional provisions affect the amendment process.

AMENDMENT NUMBER: [________________________________]

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

COUNTY: [________________________________], Colorado

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: [__/__/____]

☐ Trust was created on or after January 1, 2019 (Colorado Uniform Trust Code applies)

☐ Trust was created before January 1, 2019 (originally governed by CRS 15-16-702; now subject to CUTC with possible transitional considerations)

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

Original Trustee(s): [________________________________]

Current Acting Trustee(s): [________________________________]

Principal Place of Trust Administration: [________________________________], Colorado

// GUIDANCE: Under CRS 15-5-108, the principal place of administration determines certain default rules. It is typically where the trustee resides or conducts business.

Trust Protector (if any): [________________________________]

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 Colorado.

B. The Trust does not contain any provision expressly declaring it to be irrevocable. Accordingly, pursuant to Colorado Revised Statutes Section 15-5-602(1), the Settlor retains the full power to amend the Trust.

C. Under CRS Section 15-5-602(3), the Settlor may amend a revocable trust by:

(a) Substantial compliance with a method provided in the terms of the trust; or

(b) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by any other method manifesting clear and convincing evidence of the settlor's intent, which may include 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.

D. Under CRS Section 15-5-602(4), a provision in a trust specifying a method to amend the trust does not make the specified method exclusive unless the provision uses the terms "sole," "exclusive," or "only" or includes similar language manifesting the settlor's intent that the trust may not be amended by any other method.

E. The method of amendment provided in the Trust is: [________________________________].

// GUIDANCE: This is a critical Colorado-specific analysis. Examine the trust instrument carefully. If the amendment clause uses words like "sole," "exclusive," or "only," the settlor must comply strictly with that method. If such limiting language is absent, the settlor may also use any method showing clear and convincing evidence of intent.

☐ The Trust's amendment method is NOT designated as exclusive (alternative methods under CRS 15-5-602(3)(b) are available)

☐ The Trust's amendment method IS designated as exclusive through use of "sole," "exclusive," "only," or similar language (only the specified method may be used)

F. The Settlor possesses the requisite legal capacity to amend this Trust. Under CRS Section 15-5-601, the capacity required to amend a revocable trust is the same as that required to make a will under Colorado law.

G. The Settlor executes this Amendment voluntarily, free from duress, undue influence, fraud, or coercion.

ARTICLE III — SPECIFIC AMENDMENTS

The Settlor hereby amends the Trust as follows:

Section 1 — Provisions Deleted and Replaced

// GUIDANCE: Quote the existing trust language precisely, then provide the complete replacement text. This "surgical" approach is preferable to broad references.

Amendment 1:

Article/Section [________________________________] of the Trust, currently providing:

"[________________________________]"

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

"[________________________________]"

Amendment 2:

Article/Section [________________________________] of the Trust, currently providing:

"[________________________________]"

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

"[________________________________]"

Amendment 3:

Article/Section [________________________________] of the Trust, currently providing:

"[________________________________]"

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

"[________________________________]"

// GUIDANCE: Add additional "delete and replace" amendments as needed.

Section 2 — Provisions Added

The following provisions are hereby ADDED to the Trust:

Addition 1:

A new Article/Section [________________________________] is hereby inserted into the Trust immediately following Article/Section [________________________________], reading as follows:

"[________________________________]"

Addition 2:

A new Article/Section [________________________________] is hereby inserted into the Trust immediately following Article/Section [________________________________], reading as follows:

"[________________________________]"

// GUIDANCE: Colorado practitioners increasingly include trust protector provisions and directed trust provisions under CRS 15-5-808. Consider whether this amendment is an opportunity to add such provisions.

Section 3 — Provisions Deleted Without Replacement

The following provisions are hereby DELETED in their entirety and shall have no further force or effect:

Deletion 1:

Article/Section [________________________________] of the Trust, currently providing:

"[________________________________]"

is hereby DELETED in its entirety without replacement.

// GUIDANCE: When deleting provisions, review remaining trust language for cross-references to the deleted section. Update cross-references as needed through additional amendments in this document.

ARTICLE IV — CONFIRMATION OF UNAMENDED PROVISIONS

A. Except as expressly modified by this Amendment, all terms, conditions, provisions, and covenants of the Trust, and all prior amendments and restatements thereto, shall remain unchanged and in full force and effect.

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

C. In the event of any conflict or inconsistency between this Amendment and any provision of the Trust or any prior amendment, this Amendment shall govern and control.

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

ARTICLE V — GOVERNING LAW AND SITUS

A. This Amendment shall be governed by and construed in accordance with the Colorado Uniform Trust Code, CRS Title 15, Article 5, and the general laws of the State of Colorado.

B. The principal place of trust administration shall remain in [________________________________] County, Colorado, unless changed in accordance with the terms of the Trust or applicable law.

// GUIDANCE: Under CRS 15-5-108, the trustee may transfer the principal place of administration to another state or county. If the settlor desires to restrict such transfers, include appropriate limiting language.

C. The District Court of [________________________________] County, Colorado, shall have jurisdiction over matters arising under this Amendment or the Trust, subject to the provisions of CRS 15-5-203 (jurisdiction over trustee and beneficiary).

ARTICLE VI — SEVERABILITY

If any provision of this Amendment is determined to be invalid, illegal, or unenforceable by any court of competent jurisdiction in Colorado, such determination shall not affect the validity, legality, or enforceability of 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 while preserving the Settlor's intent.

ARTICLE VII — EXCLUSIVE METHOD ACKNOWLEDGMENT

// GUIDANCE: This provision is unique to Colorado practice and addresses the CRS 15-5-602(4) "exclusive method" rule. It should be completed to clarify the settlor's intent regarding amendment methods going forward.

The Settlor acknowledges and confirms the following regarding the method of amendment for the Trust:

☐ The amendment method specified in the Trust is NOT the sole, exclusive, or only method by which the Trust may be amended. The Settlor reserves the right to amend the Trust by any method manifesting clear and convincing evidence of the Settlor's intent, as permitted by CRS 15-5-602(3)(b).

☐ The amendment method specified in the Trust IS the sole, exclusive, or only method by which the Trust may be amended. This Amendment has been executed in strict compliance with that exclusive method.

ARTICLE VIII — AGENT AND CONSERVATOR PROVISIONS

// GUIDANCE: CRS 15-5-602(6) restricts agents; CRS 15-5-602(7) restricts conservators. Identify who is executing this amendment.

☐ This Amendment is executed by the Settlor personally.

☐ This Amendment is executed by the Settlor's agent under a valid power of attorney that expressly authorizes trust amendment. The Trust at Article/Section [________________________________] expressly permits amendment by an agent. The power of attorney is attached as Exhibit [________________________________].

☐ This Amendment is executed by the Settlor's conservator with court approval under CRS 15-5-602(7). The court order 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 Colorado, County of [________________________________].

Settlor

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

WITNESSES (RECOMMENDED)

// GUIDANCE: Colorado does not require witnesses for trust amendments by statute. However, witnesses provide important evidence of capacity, voluntariness, and authenticity. Two disinterested witnesses are recommended. Witnesses should not be beneficiaries, trustees, or close family members.

We, the undersigned, each declare under penalty of perjury under the laws of the State of Colorado that the Settlor signed this Amendment in our presence, that the Settlor appeared to be of sound mind and acting voluntarily, and that we each sign as a witness at the Settlor's request.

Witness 1:

Signature: _______________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

Witness 2:

Signature: _______________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

// GUIDANCE: Although not statutorily required for trust amendments, notarization is strongly recommended in Colorado. It is essential if the trust holds Colorado real property and a memorandum of trust or deed needs to be recorded with the county clerk and recorder. Colorado recognizes remote online notarization under CRS 24-21-501 et seq.

STATE OF COLORADO

COUNTY OF [________________________________]

The foregoing instrument was acknowledged before me this [__/__/____] by [________________________________].

☐ Personally known to me

☐ Proved to me on the basis of satisfactory evidence: [________________________________]

WITNESS my hand and official seal.

Notary Signature: _______________________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

Notary Public, State of Colorado

[NOTARY SEAL]

TRUSTEE ACKNOWLEDGMENT OF RECEIPT

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

1. Receipt of this executed Amendment on the date indicated below;
2. Review and understanding of the changes set forth herein;
3. Acceptance of the responsibility to administer the Trust in accordance with this Amendment and all unamended provisions of the Trust; and
4. Understanding that this Amendment, together with the Trust and all prior amendments, constitutes the complete current terms of the Trust.

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

// GUIDANCE: Maintain this schedule with each successive amendment to provide a comprehensive amendment history.

SCHEDULE B — AFFECTED TRUST PROPERTY (IF APPLICABLE)

// GUIDANCE: If real property is affected, Colorado law requires recording of deeds and related instruments with the county clerk and recorder in the county where the property is situated (CRS 38-35-109). A memorandum of trust amendment may be appropriate rather than recording the full amendment.

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

End of Colorado Trust Amendment