Georgia Trust Amendment

AMENDMENT TO REVOCABLE LIVING TRUST

State of Georgia

AMENDMENT NUMBER: [________________________________]

// GUIDANCE: Number amendments sequentially. Under Georgia practice, if the trust has been amended three or more times, practitioners generally recommend a complete restatement rather than additional amendments, to avoid confusion and potential conflicts among provisions.

I. IDENTIFICATION OF ORIGINAL TRUST

This Amendment (hereinafter "Amendment") is made and entered into effective as of [__/__/____], by the undersigned Settlor:

Trust Name: [________________________________]

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

// GUIDANCE: If the trust was created before July 1, 2010, the prior Georgia Trust Code (O.C.G.A. Title 53, Chapter 12, as it existed before the 2010 revision) may apply to certain provisions. Include the date of creation to determine which version of the code governs. Under O.C.G.A. § 53-12-2, the Revised Georgia Trust Code generally applies to all trusts regardless of creation date, but certain provisions may be affected.

Settlor(s): [________________________________]

Settlor's County of Residence: [________________________________] County, Georgia

Original Trustee(s): [________________________________]

Current Trustee(s): [________________________________]

Successor Trustee(s): [________________________________]

Trust Identification Number (last four digits): [________________________________]

II. RECITALS

WHEREAS, the Settlor created the above-referenced revocable living trust (hereinafter the "Trust") on [__/__/____], pursuant to the laws of the State of Georgia, and specifically the Revised Georgia Trust Code, O.C.G.A. § 53-12-1 et seq.;

WHEREAS, the Trust is a revocable trust, and the Settlor expressly reserved the right to amend the Trust as provided in Article/Section [________________________________] of the Trust Agreement;

// GUIDANCE: Under O.C.G.A. § 53-12-40(a), the trust instrument MUST include provisions allowing the settlor to amend or revoke the trust. Unlike the UTC as adopted in many other states, Georgia does NOT presume a trust is revocable unless stated otherwise. If the trust instrument does not contain an amendment provision, the Settlor may not have the power to amend. This is a critical distinction in Georgia law.

WHEREAS, pursuant to O.C.G.A. § 53-12-40(a), any modification of an express trust shall be in writing and signed by the Settlor;

WHEREAS, the Settlor has the legal capacity to execute this Amendment and is acting freely and voluntarily, without duress, fraud, or undue influence, in accordance with O.C.G.A. § 53-12-40(b), which provides that a trust is voidable to the extent its creation or amendment was induced by fraud, duress, or undue influence;

WHEREAS, under O.C.G.A. § 53-12-41, the powers of the Settlor to amend a revocable trust may be exercised only by the Settlor and may not be exercised by an agent or representative of the Settlor unless the trust instrument expressly grants such authority;

// GUIDANCE: This is a significant Georgia-specific provision. In many states, an agent under a power of attorney can amend a trust if the POA document grants that authority. In Georgia, the trust instrument itself must expressly authorize an agent to exercise amendment powers. Verify whether the trust contains such authorization if the Settlor is acting through an agent.

WHEREAS, the Settlor desires to amend certain provisions of the Trust as set forth below, while leaving all other provisions in full force and effect;

NOW, THEREFORE, in accordance with the power reserved in the Trust Agreement and pursuant to O.C.G.A. § 53-12-40, the Settlor hereby amends the Trust as follows:

III. SPECIFIC AMENDMENTS

// GUIDANCE: Use the formats below for each amendment. Georgia courts require clear evidence of the Settlor's intent. Quote existing provisions verbatim and state replacement language precisely.

Amendment 1: [Delete and Replace / Add New Provision / Delete Provision]

Article/Section Being Amended: [________________________________]

Type of Amendment:

☐ Delete existing language and replace with new language

☐ Add a new provision

☐ Delete an existing provision in its entirety

Existing Language (quoted verbatim from Trust Agreement):

[________________________________]
[________________________________]
[________________________________]

New or Replacement Language:

[________________________________]
[________________________________]
[________________________________]

Amendment 2: [Delete and Replace / Add New Provision / Delete Provision]

Article/Section Being Amended: [________________________________]

Type of Amendment:

☐ Delete existing language and replace with new language

☐ Add a new provision

☐ Delete an existing provision in its entirety

Existing Language (quoted verbatim from Trust Agreement):

[________________________________]
[________________________________]
[________________________________]

New or Replacement Language:

[________________________________]
[________________________________]
[________________________________]

Amendment 3: [Delete and Replace / Add New Provision / Delete Provision]

Article/Section Being Amended: [________________________________]

Type of Amendment:

☐ Delete existing language and replace with new language

☐ Add a new provision

☐ Delete an existing provision in its entirety

Existing Language (if applicable):

[________________________________]
[________________________________]

New or Replacement Language (if applicable):

[________________________________]
[________________________________]

// GUIDANCE: Add additional amendments as needed. If the amendment changes any distribution provisions, consider whether the change triggers the contest limitations period under O.C.G.A. § 53-12-45 (two years from the date the beneficiary receives a copy of the trust or is informed of its existence).

IV. AGENT OR REPRESENTATIVE AMENDMENT AUTHORITY

// GUIDANCE: This section is unique to Georgia and addresses O.C.G.A. § 53-12-41's restriction on agent authority.

☐ This Amendment is executed by the Settlor personally.

☐ This Amendment is executed by [________________________________] as agent for the Settlor pursuant to express authority granted in Article/Section [________________________________] of the Trust Agreement, in accordance with O.C.G.A. § 53-12-41.

// GUIDANCE: If an agent is executing this amendment, attach a copy of the relevant trust provision authorizing agent amendments and a copy of the power of attorney. Georgia law is strict on this point — the trust instrument must expressly authorize agent amendments, and general POA language alone is insufficient.

V. REAL PROPERTY CONSIDERATIONS

// GUIDANCE: If this amendment affects the disposition of Georgia real property held in the trust, additional formalities may be required. Under O.C.G.A. § 44-5-33, a deed conveying real property in Georgia must be signed in the presence of two witnesses, one of whom must be a notary public. While these formalities apply to deeds rather than trust amendments, if the amendment effectively redirects real property, practitioners should ensure that any necessary deed changes are separately executed with proper formalities.

☐ This Amendment does not affect the disposition of any real property held in or to be transferred to the Trust.

☐ This Amendment affects the disposition of real property. The Settlor acknowledges that separate conveyancing instruments complying with O.C.G.A. § 44-5-33 may be required.

Property Description (if applicable): [________________________________]

County of Situs: [________________________________] County, Georgia

VI. CONFIRMATION OF UNAMENDED PROVISIONS

Except as expressly modified by this Amendment, all terms, conditions, and provisions of the original Trust Agreement dated [__/__/____], and any prior amendments thereto, shall remain in full force and effect and are hereby ratified and confirmed in all respects. In the event of any inconsistency between this Amendment and the original Trust Agreement or any prior amendment, the provisions of this Amendment shall prevail.

VII. GOVERNING LAW

This Amendment shall be governed by and construed in accordance with the laws of the State of Georgia, specifically the Revised Georgia Trust Code, O.C.G.A. § 53-12-1 et seq., as amended from time to time. The Trust shall continue to be administered in the State of Georgia, and the courts of [________________________________] County, Georgia, shall have jurisdiction over any proceedings relating to the Trust.

// GUIDANCE: Under O.C.G.A. § 53-12-3, the meaning and effect of the terms of a trust are determined by the law of the jurisdiction designated in the trust terms, or if none, the law of the jurisdiction having the most significant relationship to the matter at issue.

VIII. SEVERABILITY

Should any provision of this Amendment be adjudged invalid, illegal, or unenforceable by a court of competent jurisdiction in the State of Georgia, such determination shall not affect the validity of any other provision of this Amendment or of the Trust Agreement. The remaining provisions shall continue in full force and effect, and any invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable, consistent with the Settlor's intent.

IX. FRAUD, DURESS, AND UNDUE INFLUENCE DECLARATION

// GUIDANCE: O.C.G.A. § 53-12-40(b) provides that a trust or amendment is voidable to the extent induced by fraud, duress, or undue influence. Including this affirmative declaration helps protect the amendment against challenges.

The Settlor hereby declares that this Amendment is executed freely, voluntarily, and without any fraud, duress, or undue influence of any kind. The Settlor has read and understands the provisions of this Amendment and has had the opportunity to consult with independent legal counsel before executing this instrument.

X. CONTEST LIMITATIONS

// GUIDANCE: Under O.C.G.A. § 53-12-45, a judicial proceeding to contest the validity of a revocable trust (or amendment) must be commenced within two years after the Settlor's death or within six months after the trustee sends the person a copy of the trust instrument and a notice informing the person of the trust's existence, the identity of the settlor, the trustee's name and address, and the time allowed for commencing a proceeding. This is unique to Georgia and differs from the limitations periods in other UTC states.

The Settlor acknowledges that any contest of this Amendment shall be subject to the limitations period set forth in O.C.G.A. § 53-12-45.

XI. NOTICE TO TRUSTEE

Pursuant to O.C.G.A. § 53-12-41, the Settlor shall deliver notice of this Amendment to the current Trustee(s). The Trustee(s) shall acknowledge receipt by signing below.

// GUIDANCE: Under O.C.G.A. § 53-12-43, the trustee's duties are owed exclusively to the settlor while a revocable trust is revocable. The trustee must be notified of amendments to administer the trust properly.

Date of Notice to Trustee: [__/__/____]

Method of Delivery: ☐ In person ☐ Certified mail, return receipt requested ☐ Electronic delivery (if permitted by trust terms)

XII. EXECUTION

// GUIDANCE: O.C.G.A. § 53-12-40(a) requires the amendment to be in writing and signed by the Settlor. Georgia does not statutorily require witnesses or notarization for trust amendments. However, notarization is strongly recommended for evidentiary purposes and institutional acceptance. If the amendment affects real property, observe the deed formalities of O.C.G.A. § 44-5-33 (two attesting witnesses, one of whom is a notary) for any related conveyancing documents.

IN WITNESS WHEREOF, the undersigned Settlor has executed this Amendment on the date indicated below, in accordance with the Revised Georgia Trust Code.

SETTLOR EXECUTION:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

CO-SETTLOR EXECUTION (if applicable):

// GUIDANCE: Under O.C.G.A. § 53-12-42, if a revocable trust is created by more than one settlor, the trust may be amended by joint action of all settlors with respect to the trust property. Each settlor may separately amend the trust only with respect to that settlor's contributed property.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

WITNESS ATTESTATION

// GUIDANCE: Witnesses are not statutorily required for trust amendments in Georgia, but including witnesses strengthens the evidentiary foundation of the document. Two witnesses are recommended, consistent with Georgia deed practice under O.C.G.A. § 44-5-33.

The undersigned witnesses attest that the Settlor signed this Amendment in our presence, and that the Settlor appeared to be of sound mind and acted freely and voluntarily.

Witness 1:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Witness 2:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

STATE OF GEORGIA

COUNTY OF [________________________________]

On this [__/__/____], before me, a Notary Public in and for the State of Georgia, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same for the purposes therein stated.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.

Signature of Notary Public: ________________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

TRUSTEE ACKNOWLEDGMENT OF RECEIPT

The undersigned Trustee(s) hereby acknowledge(s) receipt of this Amendment and agree(s) to administer the Trust in accordance with its terms as modified by this Amendment, pursuant to the duties set forth in O.C.G.A. § 53-12-43.

Trustee Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SCHEDULE A — RECORD OF PRIOR AMENDMENTS

SCHEDULE B — CURRENT TRUST ADMINISTRATION DETAILS

This Amendment consists of [________________________________] pages and is executed as a single integrated instrument in compliance with O.C.G.A. § 53-12-40.

// GUIDANCE: Georgia practitioners should also consider whether the amendment triggers the need to: (1) update the trust certification under O.C.G.A. § 53-12-280; (2) re-fund or transfer assets within the trust; (3) update the Settlor's pour-over will; (4) notify beneficiaries who may be affected by the contest limitations period under O.C.G.A. § 53-12-45; (5) update any ancillary trust documents such as memoranda of trust or certificates of trust filed with county clerks.