Delaware Trust Amendment

AMENDMENT TO REVOCABLE LIVING TRUST

STATE OF DELAWARE

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): [________________________________]

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:

Name: [________________________________]

Address: [________________________________]

Date of Birth: [__/__/____]

Co-Trustor (if applicable):

Name: [________________________________]

Address: [________________________________]

Date of Birth: [__/__/____]

Current Trustee(s):

Name: [________________________________]

Address: [________________________________]

Trust Protector (if applicable):

Name: [________________________________]

Address: [________________________________]

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

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, Article [____] of the Trust Agreement reserves to the Trustor the power to amend the Trust Agreement, and this Amendment is made under that reserved power;

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

WHEREAS, this Amendment ☐ does / ☐ does not cause a person other than the Trustor to acquire or lose an interest whose possession or enjoyment depends on 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 permitted by law where § 3545(a) does not apply, as recognized by § 3545(c); specify: [________________________________]

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

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: [________________________________]

ARTICLE V — DELAWARE DIRECTED TRUST PROVISIONS

If the Trust Agreement designates one or more trust advisors, distribution advisors, or investment advisors pursuant to 12 Del. C. § 3313, 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. § 3313.

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

[________________________________]

The Trustor acknowledges that § 3313(b) limits the liability of a fiduciary who acts in accordance with an adviser's direction under the governing instrument for loss resulting from that act, except in cases of the directed fiduciary's wilful misconduct. The separate consent rule in § 3313(c) governs actions taken or omitted because of an adviser's objection or failure to consent.

ARTICLE VI — DELAWARE TRUST PROTECTOR PROVISIONS

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 the laws of the State of Delaware to the extent consistent with the original Trust Agreement and applicable law. Section 3332(b) generally governs trust administration while the Trust is administered in Delaware, subject to its stated exceptions.

An equitable proceeding concerning this Amendment or the Trust Agreement may be brought in the Court of Chancery of the State of Delaware when that court has jurisdiction under 10 Del. C. §§ 341–342.

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

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. The effective date and any required delivery or acknowledgment are governed by the original Trust Agreement and applicable law. Effective date: [__/__/____].

ARTICLE XIII — EXECUTION

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

We, the undersigned witness(es), 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. Each witness identifies below whether the witness is disinterested or credible for purposes of § 3545(a)(1).

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

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)

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

☐ Confirmed the Trust Agreement reserves the power to amend, and checked the specified method

☐ 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. § 3313): reviewed impact on advisor roles and fiduciary allocation

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

☐ Reviewed duration under 25 Del. C. § 503: personal property held in trust has no fixed perpetuities limit; real property still held in trust is generally distributed after the 110-year period in subsection (b), subject to its exceptions

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

☐ Reviewed counterpart execution under the final sentence of 12 Del. C. § 3545(a)

☐ 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