Who must witness an amendment to a trust?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption