AMENDMENT TO REVOCABLE LIVING TRUST

STATE OF HAWAI'I

// GUIDANCE: Verify the exact title of the original trust instrument. Hawaii trusts commonly use the 'okina (') in "Hawai'i" in formal documents. Match the style of 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: [__/__/____]

Trust Identification Number (if any): [________________________________]

// GUIDANCE: Identify whether the trust was created before or after January 1, 2022, when the Hawaii Uniform Trust Code (HRS Chapter 554D) took effect. This determines the applicable statutory framework.

Date Trust Created: [__/__/____]

☐ Trust created on or after January 1, 2022 (HRS Chapter 554D applies)

☐ Trust created before January 1, 2022 (confirm applicability of transition provisions)

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

Settlor / Grantor:

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________], Hawai'i [________________________________]

Date of Birth: [__/__/____]

Co-Settlor (if applicable):

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________], Hawai'i [________________________________]

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 State of Hawai'i;

WHEREAS, under HRS § 554D-602(a), unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust, and the term "revocable" means revocable by the settlor without the consent of the trustee or a person holding an adverse interest;

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

WHEREAS, the Settlor possesses the requisite capacity to execute this Amendment, having at minimum the capacity required to make a will under Hawaii law, as prescribed by HRS § 554D-601;

// GUIDANCE: Under HRS § 554D-602(c), the trust terms may specify a higher capacity standard than will-execution capacity for amendment. Check whether the original trust imposes such a requirement.

WHEREAS, the Trust Agreement ☐ does / ☐ does not require a capacity standard higher than that required to make a will under Hawaii law for the purpose of amendment, and the Settlor meets the applicable standard;

WHEREAS, the Settlor is amending the Trust Agreement by the following method authorized under HRS § 554D-602:

☐ Substantial compliance with a method provided in the terms of the Trust Agreement

☐ Written instrument delivered to the Trustee during the Settlor's lifetime, where the Trust Agreement does not specify an exclusive method of amendment

☐ A later will or codicil that expressly refers to the Trust Agreement or specifically devises property that would otherwise have passed according to the Trust Agreement

☐ Any other method manifesting clear and convincing evidence of the Settlor's intent

// GUIDANCE: HRS § 554D-602(b) mirrors the Uniform Trust Code approach, permitting amendment by (1) substantial compliance with a method in the trust terms; or (2) if no exclusive method, by later will, written instrument delivered to trustee, or other method manifesting clear and convincing evidence of intent.

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. Reference article, section, and paragraph numbers precisely as they appear in the original trust instrument.

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 — HAWAII REAL PROPERTY CONSIDERATIONS

// GUIDANCE: Hawaii real property has unique considerations including leasehold interests (common in Hawaii), kuleana lands, and HARPTA (Hawaii Real Property Tax Act) withholding requirements. If the trust holds Hawaii real property and the amendment affects distribution of such property, additional steps may be required.

☐ The Trust holds real property located in Hawai'i. The Settlor acknowledges that if this Amendment modifies the disposition of Hawaii real property, a certified copy of this Amendment may need to be recorded with the Bureau of Conveyances or the Land Court of the State of Hawai'i, as applicable.

☐ The Trust does not hold real property located in Hawai'i, and this section is inapplicable.

// GUIDANCE: Determine whether trust property is held under the Regular System (Bureau of Conveyances) or the Land Court (Torrens) system, as recording requirements differ.

ARTICLE VI — MULTIPLE SETTLOR PROVISIONS

// GUIDANCE: Under HRS § 554D-602(d)-(e), if a revocable trust is created or funded by more than one settlor, specific rules apply. For community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action. For separate property, each settlor may amend as to their contributed portion.

If this Trust was created or funded by more than one Settlor:

☐ The Trust property subject to this Amendment consists of community property, and both Settlors are executing this Amendment jointly as required by HRS § 554D-602(d).

☐ The Trust property subject to this Amendment consists of separate property contributed by the signing Settlor, and this Amendment pertains only to the portion attributable to that Settlor's contribution under HRS § 554D-602(e).

☐ This provision is not applicable (sole Settlor trust).

ARTICLE VII — AGENT AND CONSERVATOR PROVISIONS

// GUIDANCE: Under HRS § 554D-602(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 HRS § 554D-602(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:

(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, consistent with HRS § 554D-602(f).

If this Amendment is being executed by a conservator or guardian of the Settlor, the conservator or guardian represents that the appropriate Hawaii court has approved this Amendment pursuant to HRS § 554D-602(g).

ARTICLE VIII — 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.

ARTICLE IX — GOVERNING LAW

This Amendment shall be governed by, construed, and enforced in accordance with the laws of the State of Hawai'i, including but not limited to the Hawaii Uniform Trust Code, HRS Chapter 554D, as amended from time to time.

// GUIDANCE: Under HRS § 554D-107, the meaning and effect of the trust terms are determined by the law of the jurisdiction designated in the trust terms, or if none, the jurisdiction having the most significant relationship to the matter at issue. Confirm the trust's governing law provisions.

ARTICLE X — SEVERABILITY

If any provision of this Amendment is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction in the State of Hawai'i, 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 XI — 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.

Under HRS § 554D-112, the rules of construction that apply to the interpretation of testamentary instruments in Hawai'i shall also apply to the interpretation of this Amendment to the extent applicable.

ARTICLE XII — NOTICE TO TRUSTEE AND BENEFICIARIES

// GUIDANCE: Under HRS § 554D-603, while a settlor of a revocable trust is alive, rights of the beneficiaries are subject to the control of the settlor, duties of the trustee are owed exclusively to the settlor, and beneficiaries other than the settlor have no right to receive notice, information, or reports.

The Settlor shall deliver a copy of this Amendment to all currently serving Trustees. Under HRS § 554D-603, notice to beneficiaries other than the Settlor is not required during the Settlor's lifetime.

ARTICLE XIII — EXECUTION

IN WITNESS WHEREOF, the Settlor has executed this Amendment to the Trust Agreement on the date first written above, in the State of Hawai'i.

Settlor Signature

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Co-Settlor Signature (if applicable)

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

WITNESS ATTESTATION

// GUIDANCE: HRS § 554D-602 does not expressly require witnesses for trust amendments to revocable trusts. However, best practice in Hawai'i is to have at least two witnesses. If the trust was created under the prior UPC provisions (HRS § 560), check whether the original instrument requires witnesses.

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 Hawai'i, but it is strongly recommended. If the trust holds Hawaii real property, notarization is essential for recording with the Bureau of Conveyances or Land Court.

STATE OF HAWAI'I

COUNTY / ISLAND OF [________________________________]

// GUIDANCE: Hawai'i counties correspond to islands: City and County of Honolulu (O'ahu), County of Maui (Maui, Moloka'i, Lana'i, Kaho'olawe), County of Hawai'i (Big Island), County of Kaua'i (Kaua'i, Ni'ihau). Use the appropriate county.

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: [________________________________]

Judicial Circuit: [________________________________]

[NOTARY SEAL]

// GUIDANCE: Hawaii notaries are commissioned by judicial circuit. Include the circuit number for compliance.

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: [________________________________]

Date: [__/__/____]

Co-Trustee (if applicable):

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SCHEDULE A — RECORD OF AMENDMENTS TO TRUST AGREEMENT

SCHEDULE B — HAWAII 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 Hawai'i law

☐ Determined applicable statutory framework (HRS Chapter 554D for trusts created on or after January 1, 2022; transition provisions for earlier trusts)

☐ Confirmed settlor capacity under HRS § 554D-601

☐ Checked whether trust terms impose higher capacity standard per HRS § 554D-602(c)

☐ Reviewed original trust instrument for exclusive amendment methods

☐ If multiple settlors, confirmed proper authority under HRS § 554D-602(d)-(e)

☐ If agent executing, confirmed dual authorization per HRS § 554D-602(f)

☐ If conservator/guardian executing, confirmed court approval per HRS § 554D-602(g)

☐ If trust holds Hawaii real property, confirmed recording requirements with Bureau of Conveyances or Land Court

☐ Confirmed amendment does not inadvertently revoke the entire trust

☐ Reviewed for federal and Hawaii state tax implications (Hawaii estate tax, GET considerations)

☐ Confirmed delivery to all currently serving Trustees per HRS § 554D-603

☐ If trust holds leasehold property, reviewed impact on lease provisions

☐ Reviewed for compliance with Hawaii's no-contest clause provisions under HRS § 554D-813

END OF HAWAI'I TRUST AMENDMENT