AMENDMENT TO REVOCABLE LIVING TRUST

STATE OF DELAWARE

// GUIDANCE: Delaware is a leading trust jurisdiction. Confirm whether this trust was formed under Delaware law or has a situs in Delaware. Many trusts from other states elect Delaware governing law under 12 Del. C. § 3303. The amendment should be consistent with any choice-of-law provisions in the original instrument.

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: [__/__/____]

Delaware Trust Situs: ☐ Yes ☐ No

Trust Identification Number (if any): [________________________________]

// GUIDANCE: If this is a trust administered in Delaware but created under the law of another state, confirm whether the trust has formally adopted Delaware governing law and whether the amendment should be made under Delaware law or the law of the state of original creation.

Prior Amendments (if any):

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

ARTICLE II — IDENTIFICATION OF PARTIES

Trustor / Settlor / Grantor:

// GUIDANCE: Delaware statutes use the term "trustor" rather than "settlor" or "grantor." Use the same term employed in the original trust instrument for consistency.

Name: [________________________________]

Address: [________________________________]

Date of Birth: [__/__/____]

Co-Trustor (if applicable):

Name: [________________________________]

Address: [________________________________]

Date of Birth: [__/__/____]

Current Trustee(s):

Name: [________________________________]

Address: [________________________________]

// GUIDANCE: If the trust uses a Delaware corporate trustee (bank or trust company), include its full legal name, charter number, and registered agent address.

Trust Protector (if applicable):

Name: [________________________________]

Address: [________________________________]

Distribution Advisor / Investment Advisor (if applicable under 12 Del. C. § 3313A):

Name: [________________________________]

Role: [________________________________]

ARTICLE III — RECITALS AND AUTHORITY TO AMEND

WHEREAS, the Trustor established the Trust Agreement on [__/__/____], a revocable living trust governed by the laws of the State of Delaware;

WHEREAS, under 12 Del. C. § 3315, a trust is revocable by the trustor unless the trust instrument expressly provides that the trust is irrevocable;

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

WHEREAS, the Trustor possesses the legal capacity required to execute this Amendment;

// GUIDANCE: Under 12 Del. C. § 3545(a), if the amendment affects beneficial interests contingent upon surviving the trustor, it must be in writing and witnessed. Determine whether the amendments below trigger this requirement.

WHEREAS, this Amendment ☐ does / ☐ does not modify beneficial interests that are contingent upon surviving the Trustor, and accordingly the execution requirements of 12 Del. C. § 3545(a) ☐ do / ☐ do not apply;

WHEREAS, the Trustor is executing this Amendment in compliance with:

☐ The method of amendment specified in Article [________________________________] of the Trust Agreement

☐ 12 Del. C. § 3545(a) (written instrument witnessed by at least one disinterested person or two credible persons)

☐ Other means otherwise permitted by Delaware law under 12 Del. C. § 3545(b)

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

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

ARTICLE IV — SPECIFIC AMENDMENTS

// GUIDANCE: Use DELETE AND REPLACE, ADD, or DELETE formats. Delaware law permits broad amendment of revocable trusts. For directed trusts under 12 Del. C. § 3313A, take care when modifying advisor powers or fiduciary allocations. For trusts with trust protectors, confirm whether the protector must consent to any amendments.

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 — DELAWARE DIRECTED TRUST PROVISIONS

// GUIDANCE: This article applies only if the trust is structured as a directed trust under 12 Del. C. § 3313A. Delete this article if inapplicable.

If the Trust Agreement designates one or more trust advisors, distribution advisors, or investment advisors pursuant to 12 Del. C. § 3313A, the Trustor hereby confirms the following with respect to this Amendment:

☐ This Amendment does NOT modify the powers, duties, or identity of any advisor under 12 Del. C. § 3313A.

☐ This Amendment modifies the powers, duties, or identity of an advisor as follows:

[________________________________]

The Trustor acknowledges that under Delaware law, a fiduciary who is required to follow the direction of an advisor shall not be liable for any loss resulting directly or indirectly from any act taken or omitted as a result of such direction, except in cases of willful misconduct.

ARTICLE VI — DELAWARE TRUST PROTECTOR PROVISIONS

// GUIDANCE: This article applies only if the trust designates a trust protector. Delaware law (12 Del. C. § 3313) permits broad trust protector powers, including the power to modify trust terms. If the trust protector has modification authority, confirm whether protector consent or notification is required for this Amendment.

If the Trust Agreement designates a Trust Protector:

☐ The Trust Protector's consent is NOT required for this Amendment.

☐ The Trust Protector has consented to this Amendment, as evidenced by the Trust Protector's signature below.

☐ The Trust Protector has been notified of this Amendment but consent is not required under the Trust Agreement.

ARTICLE VII — 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.

The Trustor specifically confirms that this Amendment does not constitute a revocation of the Trust Agreement, in whole or in part, except to the extent that specific provisions are expressly deleted or replaced herein.

ARTICLE VIII — GOVERNING LAW

This Amendment shall be governed by, construed, and enforced in accordance with the laws of the State of Delaware, including but not limited to the Delaware Trust Act (12 Del. C. §§ 3301-3342), 12 Del. C. Chapter 35 (Trusts), and other applicable provisions of Delaware law, as amended from time to time.

// GUIDANCE: Under 12 Del. C. § 3303, the validity and construction of trusts governed by Delaware law are determined by Delaware law regardless of where the trust was created or where the trustor resides. Confirm the trust's governing law provision has not been previously amended.

The Court of Chancery of the State of Delaware shall have jurisdiction over any proceedings concerning this Amendment or the Trust Agreement pursuant to 12 Del. C. § 3322.

ARTICLE IX — SEVERABILITY

If any provision of this Amendment is held to be invalid, illegal, or unenforceable by the Court of Chancery of the State of Delaware or any other court of competent jurisdiction, 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 X — CONSTRUCTION AND INTERPRETATION

This Amendment shall be interpreted in a manner consistent with the Trustor'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.

References to Delaware statutes in this Amendment are to those statutes as in effect on the date of execution and as subsequently amended, modified, or recodified from time to time.

ARTICLE XI — COUNTERPARTS

// GUIDANCE: Counterpart execution is expressly permitted under 12 Del. C. § 3545(a)(3) unless the trust instrument prohibits it.

This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument, provided that the execution requirements of 12 Del. C. § 3545 are satisfied with respect to each counterpart.

ARTICLE XII — DELIVERY AND NOTICE TO TRUSTEE

The Trustor shall deliver a copy of this executed Amendment to all currently serving Trustees. If the Trustor is not the sole Trustee, the Trustor acknowledges that the Amendment becomes effective upon execution in compliance with applicable law and the Trust Agreement, regardless of whether the Trustee has received or acknowledged receipt of this Amendment.

ARTICLE XIII — EXECUTION

// GUIDANCE: Under 12 Del. C. § 3545(a), if the amendment affects beneficial interests contingent upon surviving the trustor, it must be witnessed by at least one (1) disinterested person or two (2) credible persons. A "disinterested person" is one who has no beneficial interest that would be materially increased or decreased by the amendment. A notary public may serve as a witness if disinterested or credible, whether signing as witness or in notarial capacity.

IN WITNESS WHEREOF, the Trustor has executed this Amendment to the Trust Agreement on the date first written above, in the State of Delaware.

Trustor Signature

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Co-Trustor Signature (if applicable)

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

WITNESS ATTESTATION

// GUIDANCE: Under 12 Del. C. § 3545(a)(1), witness requirements are: at least one (1) disinterested person OR two (2) credible persons. Best practice for Delaware trust amendments is to use two witnesses, with at least one being disinterested. A disinterested person has no beneficial interest that would be materially increased or decreased by the modification.

We, the undersigned witnesses, each being a credible person, hereby declare that the Trustor, whose name is signed above, signed this Amendment in our presence, and that the Trustor appeared to be of sound mind and acting voluntarily.

Witness 1:

☐ Disinterested Person (as defined under 12 Del. C. § 3545)

☐ Credible Person

Signature: ___________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

Witness 2:

☐ Disinterested Person (as defined under 12 Del. C. § 3545)

☐ Credible Person

Signature: ___________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

// GUIDANCE: While notarization is not always required under Delaware law for trust amendments, it is strongly recommended. A notary may also serve as a witness under 12 Del. C. § 3545 if the notary qualifies as a disinterested or credible person.

STATE OF DELAWARE

COUNTY OF [________________________________]

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: [__/__/____]

[NOTARY SEAL]

TRUSTEE ACKNOWLEDGMENT OF RECEIPT

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: [________________________________]

Title (if corporate trustee): [________________________________]

Date: [__/__/____]

Co-Trustee (if applicable):

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

TRUST PROTECTOR ACKNOWLEDGMENT (IF APPLICABLE)

// GUIDANCE: Complete this section only if the trust has a designated Trust Protector and protector consent or acknowledgment is required or advisable.

The undersigned Trust Protector acknowledges receipt of this Amendment and:

☐ Consents to the Amendment as set forth herein.

☐ Acknowledges receipt without the need for consent under the Trust Agreement.

Trust Protector:

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SCHEDULE A — RECORD OF AMENDMENTS TO TRUST AGREEMENT

SCHEDULE B — DELAWARE TRUST ATTORNEY REVIEW CHECKLIST

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

☐ Confirmed trust is revocable and governed by Delaware law (12 Del. C. § 3315)

☐ Confirmed trustor capacity to amend

☐ Reviewed original instrument for exclusive amendment methods

☐ Determined whether amendment affects beneficial interests contingent upon surviving trustor (12 Del. C. § 3545(a))

☐ If § 3545(a) applies: confirmed proper witness attestation (1 disinterested or 2 credible)

☐ If directed trust (12 Del. C. § 3313A): reviewed impact on advisor roles and fiduciary bifurcation

☐ If trust protector designated: confirmed protector role in amendment process

☐ If Delaware Qualified Disposition in Trust (12 Del. C. § 3570 et seq.): confirmed amendment does not impair asset protection

☐ Reviewed for Delaware Rule Against Perpetuities considerations (12 Del. C. § 3556 — Delaware permits perpetual trusts)

☐ Confirmed amendment does not inadvertently terminate trust or trigger taxable event

☐ Reviewed counterpart execution provisions under 12 Del. C. § 3545(a)(3)

☐ Confirmed delivery to all currently serving Trustees and advisors

☐ Reviewed Delaware Court of Chancery jurisdiction provisions

☐ If trust holds Delaware real property, confirmed recording requirements

END OF DELAWARE TRUST AMENDMENT