Who must witness an amendment to a trust?
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Who must witness an amendment to a trust?
I have read the instructions of preparing an amendment to my original trust. The amendment will be attached to the original trust. What I don’t know is if all the people including the attorney and his assistant(s) who witnessed and signed off on the original trust must also sign off on the amendment. Or can my wife and another witness sign off on the amendment and have the amendment notarized?
Asked on October 12, 2010 under Estate Planning, Arizona
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally speaking, amendments must be witnessed in the same manner as the original trust, not necessarily by the same parties, and in accordance with the laws in your state. I would urge you not to do this on your own but if you intend to do so here are some suggestions: if your wife is a beneficiary of the trust then I would not have her witness the amended document. It just leaves less food for thought about undue influence if a witness is impartial and does not benefit in any way from the trust. I would add an additional witness for good measure even if only 2 are needed. If the original document was notarized then notarize the amendment. Good luck.
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