AMENDMENT TO REVOCABLE LIVING TRUST

DISTRICT OF COLUMBIA

// GUIDANCE: Verify the exact title of the original trust instrument. The amendment must reference the trust by its precise legal name to avoid ambiguity.

AMENDMENT NUMBER: [________________________________]

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

ARTICLE I — IDENTIFICATION OF ORIGINAL TRUST

This document constitutes an amendment (the "Amendment") to that certain revocable living trust known as:

Trust Name: [________________________________]

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

Trust Identification Number (if any): [________________________________]

// GUIDANCE: If the trust has been previously amended, list all prior amendment dates to establish a clear chain of modifications.

Prior Amendments (if any):

The Original Trust, together with all prior amendments listed above, is hereinafter referred to collectively as the "Trust Agreement."

ARTICLE II — IDENTIFICATION OF PARTIES

Settlor(s) / Grantor(s):

Name: [________________________________]

Address: [________________________________]

Date of Birth: [__/__/____]

// GUIDANCE: If the trust has co-settlors, include both parties. Under D.C. Code § 19-1306.02(d), if the trust consists of community property, amendment requires joint action of both spouses. For separate property, each settlor may amend as to their contributed portion.

Co-Settlor (if applicable):

Name: [________________________________]

Address: [________________________________]

Date of Birth: [__/__/____]

Current Trustee(s):

Name: [________________________________]

Address: [________________________________]

ARTICLE III — RECITALS AND AUTHORITY TO AMEND

WHEREAS, the Settlor established the Trust Agreement on [__/__/____], a revocable living trust governed by the laws of the District of Columbia;

WHEREAS, under D.C. Code § 19-1306.02(a), unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust;

WHEREAS, the Trust Agreement does not contain provisions expressly declaring the trust irrevocable, and the Settlor retains full authority to amend the Trust Agreement;

// GUIDANCE: Under D.C. Code § 19-1306.02(b), a settlor may amend by: (1) substantial compliance with a method provided in the trust terms; (2) if no exclusive method is specified, by a later will or codicil expressly referring to the trust; or (3) any other method manifesting clear and convincing evidence of the settlor's intent. Confirm which method applies.

WHEREAS, the Settlor is amending the Trust Agreement by the following method authorized under D.C. Code § 19-1306.02(b):

☐ Substantial compliance with the method provided in Article [________________________________] of the Trust Agreement

☐ Written instrument signed and delivered to the Trustee, manifesting clear and convincing evidence of the Settlor's intent to amend

☐ Other method: [________________________________]

WHEREAS, the Settlor has the requisite capacity to execute this Amendment, being of sound mind and acting voluntarily and without undue influence, duress, or coercion, and possessing at minimum the capacity required to make a will under the laws of the District of Columbia, as prescribed by D.C. Code § 19-1306.01;

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

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

ARTICLE IV — SPECIFIC AMENDMENTS

// GUIDANCE: Use the appropriate format for each amendment: DELETE AND REPLACE for substituting provisions; ADD for inserting new provisions; DELETE for removing provisions without replacement. Reference article, section, and paragraph numbers precisely.

Amendment 1: [DELETE AND REPLACE / ADD / DELETE]

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

Type of Amendment:

☐ Delete and Replace — The following existing language:

"[________________________________]"

is hereby deleted in its entirety and replaced with the following:

"[________________________________]"

☐ Add — The following new provision is hereby added as Section [________________________________]:

"[________________________________]"

☐ Delete — The following existing language in Section [________________________________] is hereby deleted in its entirety without replacement:

"[________________________________]"

Reason for Amendment: [________________________________]

Amendment 2: [DELETE AND REPLACE / ADD / DELETE]

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

Type of Amendment:

☐ Delete and Replace — The following existing language:

"[________________________________]"

is hereby deleted in its entirety and replaced with the following:

"[________________________________]"

☐ Add — The following new provision is hereby added as Section [________________________________]:

"[________________________________]"

☐ Delete — The following existing language in Section [________________________________] is hereby deleted in its entirety without replacement:

"[________________________________]"

Reason for Amendment: [________________________________]

Amendment 3: [DELETE AND REPLACE / ADD / DELETE]

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

Type of Amendment:

☐ Delete and Replace — The following existing language:

"[________________________________]"

is hereby deleted in its entirety and replaced with the following:

"[________________________________]"

☐ Add — The following new provision is hereby added as Section [________________________________]:

"[________________________________]"

☐ Delete — The following existing language in Section [________________________________] is hereby deleted in its entirety without replacement:

"[________________________________]"

Reason for Amendment: [________________________________]

// GUIDANCE: Additional amendments may be added following the same format. Number them sequentially.

ARTICLE V — CONFIRMATION OF UNAMENDED PROVISIONS

Except as specifically modified by this Amendment, all terms, conditions, and provisions of the Trust Agreement, including all prior amendments thereto, shall remain in full force and effect and are hereby ratified and confirmed. In the event of any conflict between the provisions of this Amendment and the provisions of the Trust Agreement as previously constituted, the provisions of this Amendment shall control and take precedence.

// GUIDANCE: Under D.C. Code § 19-1306.02, an amendment does not revoke the trust. This confirmation clause ensures continuity of all unmodified provisions.

ARTICLE VI — GOVERNING LAW

This Amendment shall be governed by, construed, and enforced in accordance with the laws of the District of Columbia, including but not limited to the District of Columbia Uniform Trust Code, D.C. Code §§ 19-1301.01 through 19-1311.03, as amended from time to time.

ARTICLE VII — SEVERABILITY

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

ARTICLE VIII — CONSTRUCTION AND INTERPRETATION

This Amendment shall be interpreted in a manner consistent with the Settlor's intent as expressed herein and in the Trust Agreement. Terms used in this Amendment shall have the same meanings assigned to them in the Trust Agreement unless otherwise defined herein.

// GUIDANCE: If this amendment changes defined terms in the original trust, explicitly note the new definitions here.

ARTICLE IX — NOTICE TO TRUSTEE

// GUIDANCE: Under D.C. Code § 19-1306.02, if the Settlor is not the sole Trustee, the Amendment should be delivered to all currently serving Trustees. While D.C. law does not require delivery as a condition of validity, best practice is to provide notice and delivery.

The Settlor shall deliver a copy of this Amendment to all currently serving Trustees. Acknowledgment of receipt by the Trustee(s) is set forth below; however, the effectiveness of this Amendment is not conditioned upon such acknowledgment.

ARTICLE X — AGENT AND CONSERVATOR PROVISIONS

// GUIDANCE: Under D.C. Code § 19-1306.02(f), a settlor's agent under a power of attorney may exercise amendment powers only if expressly authorized by both the trust terms and the power of attorney. Under D.C. Code § 19-1306.02(g), a conservator or guardian may exercise amendment powers only with court approval.

If this Amendment is being executed by an agent acting under a valid power of attorney on behalf of the Settlor, the agent represents and warrants that:

(a) The Trust Agreement expressly authorizes an agent under a power of attorney to exercise the Settlor's powers of amendment;

(b) The power of attorney expressly grants the agent authority to amend the Trust Agreement; and

(c) The agent is acting within the scope of authority granted by both instruments.

If this Amendment is being executed by a conservator or guardian of the Settlor, the conservator or guardian represents that the Superior Court of the District of Columbia has approved this Amendment pursuant to D.C. Code § 19-1306.02(g).

ARTICLE XI — EXECUTION

IN WITNESS WHEREOF, the Settlor has executed this Amendment to the Trust Agreement on the date first written above, in the District of Columbia.

Settlor Signature

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Co-Settlor Signature (if applicable)

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

WITNESS ATTESTATION

// GUIDANCE: While D.C. Code § 19-1306.02 does not expressly require witnesses for a trust amendment, best practice in the District of Columbia is to have at least two disinterested witnesses attest to the Settlor's execution of the Amendment.

We, the undersigned witnesses, each being at least eighteen (18) years of age and of sound mind, hereby declare that the Settlor, whose name is signed above, signed this Amendment in our presence, and that the Settlor appeared to be of sound mind and acting voluntarily and free from undue influence, duress, or coercion.

Witness 1:

Signature: ___________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

Witness 2:

Signature: ___________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

// GUIDANCE: Notarization is not statutorily required for trust amendments in the District of Columbia, but it is strongly recommended to establish authenticity and facilitate recording if trust assets include real property.

DISTRICT OF COLUMBIA

Before me, the undersigned notary public, on this [__/__/____], personally appeared [________________________________], 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), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Signature: ___________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

Commission Number: [________________________________]

[NOTARY SEAL]

TRUSTEE ACKNOWLEDGMENT OF RECEIPT

// GUIDANCE: This section provides evidence that the Trustee received and reviewed the Amendment, which is a best practice under D.C. law even though not statutorily mandated.

The undersigned Trustee(s) hereby acknowledge receipt of this Amendment to the Trust Agreement and agree to administer the Trust in accordance with its terms as amended herein.

Trustee:

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Co-Trustee (if applicable):

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SCHEDULE A — RECORD OF AMENDMENTS TO TRUST AGREEMENT

// GUIDANCE: Maintaining a comprehensive schedule of all amendments provides a clear history of trust modifications and assists successor trustees in administering the trust.

SCHEDULE B — CHECKLIST FOR ATTORNEY REVIEW

// GUIDANCE: This checklist is for internal use by the drafting attorney and should be removed from the final executed document.

☐ Confirmed that the trust is revocable and governed by D.C. law

☐ Confirmed settlor capacity under D.C. Code § 19-1306.01

☐ Reviewed original trust instrument for exclusive amendment methods

☐ Verified consistency of amendment with D.C. Code § 19-1306.02(b) methods

☐ If multiple settlors, confirmed proper authority under D.C. Code § 19-1306.02(d)-(e)

☐ If agent executing, confirmed dual authorization per D.C. Code § 19-1306.02(f)

☐ If conservator/guardian executing, confirmed court approval per D.C. Code § 19-1306.02(g)

☐ Confirmed amendment does not inadvertently revoke the entire trust

☐ Reviewed for potential tax implications of amendments

☐ Confirmed delivery to all currently serving Trustees

☐ Reviewed for compliance with any Notice of Revocable Trust filed with the D.C. Superior Court Register of Wills

☐ Filed updated Notice of Revocable Trust if required under D.C. probate rules

END OF DISTRICT OF COLUMBIA TRUST AMENDMENT