AMENDMENT TO REVOCABLE LIVING TRUST

AMENDMENT NUMBER [________________________________]

TO THE [________________________________] REVOCABLE LIVING TRUST

COMMONWEALTH OF KENTUCKY
COUNTY OF [________________________________]

I. IDENTIFICATION OF TRUST INSTRUMENT

This Amendment is made and executed on this [__/__/____] by the undersigned Settlor to modify the revocable living trust identified below:

// GUIDANCE: Verify the exact name and date of the trust as stated in the original trust instrument. Kentucky uses the term "trust instrument" as defined in KRS 386B.1-030(22) to mean an instrument signed by the settlor that contains terms of the trust, including any amendments thereto.

Name of Trust: [________________________________]

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

Settlor(s): [________________________________]

Original Trustee(s): [________________________________]

Current Acting Trustee(s): [________________________________]

Trust Situs: Commonwealth of Kentucky, County of [________________________________]

Prior Amendment History:
☐ No prior amendments have been made to this Trust.
☐ Prior amendments were executed on the following date(s): [________________________________]

II. RECITALS AND AUTHORITY TO AMEND

WHEREAS, the Settlor established the above-referenced revocable living trust (hereinafter referred to as "the Trust") on [__/__/____] under the laws of the Commonwealth of Kentucky;

WHEREAS, pursuant to KRS 386B.6-020(1), unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust, and the Trust does not contain any provision expressly declaring the Trust to be irrevocable;

WHEREAS, the Settlor possesses the requisite capacity to execute this Amendment as required by KRS 386B.6-010, which provides that the capacity required to amend a revocable trust is the same as that required to make a will;

WHEREAS, pursuant to KRS 386B.6-020(2), the Settlor may amend the Trust by substantial compliance with a method provided in the terms of the Trust or, if the Trust does not provide an exclusive method, by any other method manifesting clear and convincing evidence of the Settlor's intent to amend;

WHEREAS, the Settlor executes this Amendment freely and voluntarily, without duress, menace, fraud, or undue influence;

// GUIDANCE: If this is a multi-settlor trust, review KRS 386B.6-020(3) regarding amendment by fewer than all settlors. Community property trusts require joint action for amendment; non-community property portions may be amended by the contributing settlor alone.

WHEREAS, this Amendment is intended to modify only those specific provisions identified herein and to leave all other provisions of the Trust unchanged;

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

III. SPECIFIC AMENDMENTS

// GUIDANCE: Clearly identify each provision being amended. Quote the original language where feasible. Under Kentucky law, the amendment should manifest clear evidence of the Settlor's intent pursuant to KRS 386B.6-020.

Amendment 1

Article/Section/Paragraph Being Modified: [________________________________]

Current Language of the Provision (verbatim or summarized):

[________________________________]

Amended Language (the following shall replace the above provision in its entirety):

[________________________________]

Amendment 2

Article/Section/Paragraph Being Modified: [________________________________]

Current Language of the Provision (verbatim or summarized):

[________________________________]

Amended Language (the following shall replace the above provision in its entirety):

[________________________________]

Amendment 3

Article/Section/Paragraph Being Modified: [________________________________]

Current Language of the Provision (verbatim or summarized):

[________________________________]

Amended Language (the following shall replace the above provision in its entirety):

[________________________________]

// GUIDANCE: Repeat this section as needed for additional amendments. Each amendment should be separately numbered and clearly identified.

IV. ADDITION OF NEW PROVISIONS

☐ The Settlor does not wish to add any new provisions to the Trust.

☐ The Settlor hereby adds the following new provision(s) to the Trust:

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

[________________________________]

V. DELETION OF PROVISIONS

☐ The Settlor does not wish to delete any existing provisions from the Trust.

☐ The Settlor hereby deletes the following provision(s) from the Trust in their entirety:

Article/Section/Paragraph Deleted: [________________________________]

Effect of Deletion (if any successor provision is required): [________________________________]

// GUIDANCE: Ensure that deletion does not create gaps in the trust structure. If a deleted provision includes fiduciary duties or beneficiary rights, address the consequences.

VI. CONFIRMATION OF UNAMENDED PROVISIONS

Except as expressly amended, modified, added, or deleted by this Amendment, all terms, conditions, provisions, and schedules of the original Trust instrument and all prior amendments thereto shall remain in full force and effect and are hereby ratified and confirmed in their entirety. To the extent of any inconsistency between this Amendment and the original Trust instrument or any prior amendment, the terms of this Amendment shall prevail and control.

VII. SETTLOR REPRESENTATIONS AND WARRANTIES

The Settlor hereby represents, warrants, and declares as follows:

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

(b) The Settlor has the legal capacity to execute this Amendment under KRS 386B.6-010;

(c) This Amendment is the free and voluntary act of the Settlor, executed without duress, undue influence, fraud, or menace;

(d) The Settlor has read this Amendment in its entirety and understands its contents and legal effect;

(e) The Trust has not been previously revoked and remains a revocable trust under KRS 386B.6-020;

(f) The Settlor has not been adjudicated incompetent or had a guardian or conservator appointed by any court;

// GUIDANCE: If there is any question regarding capacity, consider obtaining a physician's letter or other contemporaneous documentation. KRS 386B.6-010 applies the will-making capacity standard.

(g) To the extent the Trust holds real property situated in the Commonwealth of Kentucky, the Settlor understands that this Amendment may need to be recorded in the office of the County Clerk of the county where such property is located.

VIII. GOVERNING LAW AND JURISDICTION

This Amendment and the Trust shall be governed by, construed, and administered in accordance with the Kentucky Uniform Trust Code, KRS Chapter 386B, and the laws of the Commonwealth of Kentucky. Any proceeding relating to this Amendment or the Trust may be brought in the Circuit Court of [________________________________] County, Kentucky, which shall have jurisdiction over the Trust pursuant to KRS 386B.2-030.

IX. SEVERABILITY

If any provision of this Amendment, or the application thereof to any person or circumstance, shall be held invalid, illegal, or unenforceable to any extent, the remainder of this Amendment and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the fullest extent permitted by law, consistent with the Settlor's intent.

X. TAX SAVINGS CONSTRUCTION

// GUIDANCE: Include this clause if the Trust contains tax-driven provisions. Kentucky estate tax was repealed effective June 2024; however, federal estate tax considerations remain relevant.

To the extent any provision of this Amendment relates to or affects tax-sensitive provisions of the Trust, such provision shall be construed in a manner that maximizes available federal estate and gift tax benefits, including but not limited to the unified credit, marital deduction, and generation-skipping transfer tax exemption, in accordance with applicable provisions of the Internal Revenue Code.

XI. NOTICE TO TRUSTEE

The Settlor shall deliver a copy of this executed Amendment to all current acting Trustees of the Trust. The Trustee(s) shall be bound by the terms of this Amendment upon receipt.

XII. EXECUTION

IN WITNESS WHEREOF, the undersigned Settlor has executed this Amendment to the Trust on the date set forth above, in the Commonwealth of Kentucky, County of [________________________________].

// GUIDANCE: KRS 386B.6-020(2) requires substantial compliance with the trust's amendment method or clear and convincing evidence of intent. Notarization and witnesses are not statutorily mandated but are strongly recommended. If the trust holds real property, notarization may be required for recording purposes.

SETTLOR:

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

CO-SETTLOR (if applicable):

// GUIDANCE: Required for multi-settlor trusts. See KRS 386B.6-020(3) regarding joint action requirements.

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

WITNESS ATTESTATION

// GUIDANCE: While not statutorily required for trust amendments in Kentucky, witnesses are recommended to corroborate the Settlor's capacity and voluntary execution.

We, the undersigned witnesses, hereby declare that we were present when the Settlor signed this Amendment, that the Settlor appeared to be of sound mind and memory, and that the Settlor executed this Amendment freely and voluntarily.

Witness 1:

Signature: ___________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

Witness 2:

Signature: ___________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

COMMONWEALTH OF KENTUCKY
COUNTY OF [________________________________]

On this [__/__/____], before me, the undersigned Notary Public in and for said Commonwealth, 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 to me that they executed the same as their voluntary act and deed.

Notary Public Signature: ___________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

Notary ID Number: [________________________________]

[NOTARIAL SEAL]

XIII. TRUSTEE ACKNOWLEDGMENT OF RECEIPT

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

Trustee:

Signature: ___________________________________________

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date Received: [__/__/____]

Co-Trustee (if applicable):

Signature: ___________________________________________

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date Received: [__/__/____]

SCHEDULE A — RECORD OF ALL AMENDMENTS TO THE TRUST

SCHEDULE B — DOCUMENT RETENTION CHECKLIST

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

☐ All prior amendments (see Schedule A above)

☐ This Amendment (Amendment No. [________________________________])

☐ Current schedule of trust assets (Schedule of Trust Property)

☐ Certificates of trust issued pursuant to KRS 386B.10-130

☐ Trustee acceptance(s), resignation(s), and removal documentation

☐ Powers of attorney authorizing trust actions (if any)

☐ Correspondence with beneficiaries regarding trust administration

☐ Trust tax identification number (EIN) documentation

☐ Real property deeds transferring property to/from the Trust

This Trust Amendment template is designed for use under the Kentucky Uniform Trust Code, KRS Chapter 386B. It should be reviewed and customized by an attorney licensed to practice in the Commonwealth of Kentucky before execution. The statutory citations herein are current as of the date indicated in the document metadata and should be independently verified prior to use.