AMENDMENT TO REVOCABLE LIVING TRUST

AMENDMENT NUMBER [________________________________]

TO THE [________________________________] REVOCABLE LIVING TRUST

STATE OF KANSAS
COUNTY OF [________________________________]

I. IDENTIFICATION OF TRUST

This Amendment is made on this [__/__/____] by the undersigned Settlor to the revocable living trust identified as follows:

// GUIDANCE: Enter the exact name of the trust as it appears on the original trust instrument.

Name of Trust: [________________________________]

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

Settlor(s): [________________________________]

Original Trustee(s): [________________________________]

Current Trustee(s): [________________________________]

// GUIDANCE: If the trust has been previously amended, list all prior amendment dates below.

Prior Amendments:
☐ This is the first amendment to the Trust.
☐ The Trust has been previously amended on the following date(s): [________________________________]

II. RECITALS

WHEREAS, the Settlor established the above-identified revocable living trust (hereinafter "the Trust") on [__/__/____], pursuant to the laws of the State of Kansas;

WHEREAS, the Settlor reserved the right to amend the Trust in accordance with the terms thereof and pursuant to K.S.A. 58a-602, which provides that the settlor of a revocable trust may amend the trust by substantial compliance with a method provided in the terms of the trust, or if the terms of the trust do not provide an exclusive method, by any other method manifesting clear and convincing evidence of the settlor's intent;

WHEREAS, the Settlor possesses the requisite legal capacity to amend this Trust as defined by K.S.A. 58a-601, which requires the same capacity as that required to make a will under Kansas law;

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

// GUIDANCE: If the trust instrument specifies an exclusive method of amendment, add a recital confirming compliance with that method.

WHEREAS, the Settlor has complied with the method of amendment prescribed in the Trust instrument, or alternatively, the Trust instrument does not prescribe an exclusive method of amendment;

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

III. SPECIFIC AMENDMENTS

// GUIDANCE: For each amendment, identify the specific article, section, or paragraph being modified. Quote the original language where possible, then provide the replacement language.

Amendment 1

Article/Section Being Amended: [________________________________]

Original Provision (or summary thereof):

[________________________________]

Amended Provision (replacing the above in its entirety):

[________________________________]

Amendment 2

Article/Section Being Amended: [________________________________]

Original Provision (or summary thereof):

[________________________________]

Amended Provision (replacing the above in its entirety):

[________________________________]

Amendment 3

// GUIDANCE: Add or remove amendment sections as needed. Number each amendment sequentially.

Article/Section Being Amended: [________________________________]

Original Provision (or summary thereof):

[________________________________]

Amended Provision (replacing the above in its entirety):

[________________________________]

IV. ADDITION OF NEW PROVISIONS

// GUIDANCE: Use this section only if the Settlor wishes to add entirely new provisions not present in the original trust instrument.

☐ No new provisions are being added to the Trust by this Amendment.

☐ The following new provision(s) are hereby added to the Trust:

New Provision — to be designated as Article/Section [________________________________]:

[________________________________]

V. DELETION OF EXISTING PROVISIONS

// GUIDANCE: Use this section only if the Settlor wishes to delete provisions entirely rather than replace them.

☐ No existing provisions are being deleted from the Trust by this Amendment.

☐ The following provision(s) are hereby deleted from the Trust in their entirety:

Article/Section to be Deleted: [________________________________]

// GUIDANCE: Consider whether deletion of a provision creates any gaps or inconsistencies in the trust instrument. Address successor provisions if necessary.

VI. CONFIRMATION OF UNAMENDED PROVISIONS

Except as specifically amended herein, all other terms, conditions, and provisions of the Trust, including any prior amendments thereto, shall remain in full force and effect and are hereby ratified and confirmed. In the event of any conflict between this Amendment and the original Trust instrument or any prior amendments, this Amendment shall control.

// GUIDANCE: Under K.S.A. 58a-602, the unchanged provisions of the Trust continue without interruption. This confirmation clause reinforces that principle.

VII. SETTLOR'S REPRESENTATIONS

The Settlor hereby represents and warrants that:

(a) The Settlor is of legal age and a resident of the State of Kansas, County of [________________________________];

(b) The Settlor has the legal capacity required under K.S.A. 58a-601 to execute this Amendment, being the same capacity as required to execute a last will and testament;

(c) This Amendment is executed voluntarily, without duress, undue influence, or coercion of any kind;

(d) The Settlor has read and understands the terms of this Amendment and the effect of the changes made herein;

(e) The Trust remains a revocable trust as defined under K.S.A. 58a-602, and the Settlor has not relinquished the power to revoke or further amend the Trust.

VIII. GOVERNING LAW

This Amendment shall be governed by and construed in accordance with the Kansas Uniform Trust Code, K.S.A. Chapter 58a, and the laws of the State of Kansas. Any disputes arising from or relating to this Amendment shall be subject to the jurisdiction of the courts of the State of Kansas.

IX. SEVERABILITY

If any provision of this Amendment is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Amendment or the Trust, and all other provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the Settlor's intent as closely as possible.

X. CONSTRUCTION

This Amendment shall be construed in a manner consistent with the Settlor's intent as expressed herein. Any ambiguities in this Amendment shall be resolved by reference to the original Trust instrument and the purposes expressed therein, in accordance with K.S.A. 58a-103, which provides rules of construction for the Kansas Uniform Trust Code.

XI. NOTICE TO TRUSTEE

// GUIDANCE: Under Kansas law, an amendment to a revocable trust is effective upon execution by the Settlor. However, best practice requires delivery of a copy to all acting trustees.

The Settlor shall deliver or cause to be delivered a copy of this Amendment to the current Trustee(s) of the Trust. The Trustee(s) shall acknowledge receipt of this Amendment in the space provided below.

XII. EXECUTION

IN WITNESS WHEREOF, the Settlor has executed this Amendment to the Trust on the date first written above.

// GUIDANCE: Although K.S.A. 58a-602 does not mandate specific execution formalities beyond compliance with the trust terms or clear evidence of intent, notarization and witnesses are strongly recommended for evidentiary purposes and to reduce the risk of future challenges.

SETTLOR:

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

WITNESS ATTESTATION

// GUIDANCE: Kansas does not statutorily require witnesses for trust amendments, but including witnesses significantly strengthens the document's evidentiary value.

We, the undersigned, declare that the individual who signed this Amendment, or asked another to sign on their behalf, did so in our presence, and that we believe the Settlor to be of sound mind and acting voluntarily.

Witness 1:

Signature: ___________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

Witness 2:

Signature: ___________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

STATE OF KANSAS
COUNTY OF [________________________________]

On this [__/__/____], before me, the undersigned Notary Public, 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 they executed the same as their voluntary act and deed for the purposes therein expressed.

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

Notary Public Signature: ___________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

XIII. TRUSTEE ACKNOWLEDGMENT OF RECEIPT

// GUIDANCE: This section should be completed by each acting Trustee to document receipt of the Amendment. This is not a statutory requirement but is essential for proper administration.

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

Trustee 1:

Signature: ___________________________________________

Printed Name: [________________________________]

Date of Receipt: [__/__/____]

Trustee 2 (if applicable):

Signature: ___________________________________________

Printed Name: [________________________________]

Date of Receipt: [__/__/____]

SCHEDULE A — RECORD OF PRIOR AMENDMENTS

// GUIDANCE: Maintaining a complete record of all amendments assists in trust administration and avoids confusion regarding the current terms of the trust.

SCHEDULE B — DOCUMENTS TO BE RETAINED WITH TRUST

// GUIDANCE: This checklist should be used to ensure proper document retention and organization.

☐ Original Trust Instrument dated [__/__/____]

☐ All prior amendments (see Schedule A)

☐ This Amendment (Amendment No. [________________________________])

☐ Current schedule of trust assets

☐ Certificates of trust issued pursuant to K.S.A. 58a-1013

☐ Trustee acceptance(s) and resignation(s)

☐ Correspondence relating to trust administration

☐ Tax identification number documentation

This Trust Amendment template is designed for use under the Kansas Uniform Trust Code, K.S.A. Chapter 58a. It should be reviewed and customized by a licensed Kansas attorney before execution. The statutory citations herein are current as of the date indicated in the document metadata and should be verified prior to use.