Validly Amending Revocable Trusts

To be effective, an amendment to a revocable trust needs to be done in a precise way. Failure to follow the correct procedures may mean that the amendment — and any change(s) contained in the amendment — is invalid.

Section 456.6-602, RSMo addresses how to amend a revocable trust. If the terms of the trust describe a method for the amendment, the amendment must substantially comply with the method provided in the terms of the trust. If there is no method set forth in the trust instrument, then “any other method manifesting clear and convincing evidence of the settlor’s [i.e., trust-maker’s] intent” is permissible. The latter situation is quite flexible and can lead to uncertainty.

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