Trust Restatement Template
THIS TRUST RESTATEMENT is made as of [Date], by [Settlor Full Name] of [Address] (the “Settlor”), with respect to the following trust:
Original Trust Name: [Full Name of Trust]
Original Trust Date: [Original Date of Trust]
1. Restatement of Existing Trust
The Settlor previously created the trust identified above and now desires to restate that trust in full.
Except as expressly stated in this Trust Restatement, the trust shall continue as the same trust originally created on the date stated above. This document is intended to restate and replace the prior operative provisions of that trust in their entirety.
2. Name of Trust
The name of the trust, as restated, shall continue to be:
[Full Name of Trust]
The trust may also be referred to in records, deeds, account documents, or other instruments by any substantially similar name identifying the same trust.
3. Declaration of Trust Property
The trust estate shall consist of all property previously assigned, transferred, titled, or otherwise held in the trust, together with any additional property later transferred to or accepted by the trustee.
No new transfer document is intended by this restatement alone unless separate asset transfer documents are also prepared and signed.
4. Revocability and Amendment
During the Settlor’s lifetime, this trust shall be:
☐ Revocable
☐ Irrevocable except as otherwise stated below
☐ Amendable only as follows: [Describe]
If revocable or amendable, the Settlor reserves the right to revoke or amend the trust in the following manner:
[Describe required writing, signature, delivery to trustee, or other procedure]
5. Trustee Appointment
The trustee of the trust shall be:
Initial Trustee: [Full Name]
If the Initial Trustee is unable or unwilling to serve, the following person shall serve as Successor Trustee:
First Successor Trustee: [Full Name]
Additional Successor Trustee, if any:
[Full Name]
The trustee shall have the authority to administer the trust according to this Trust Restatement and applicable law.
6. Beneficiaries
The beneficiaries of the trust are as follows:
Primary Beneficiary or Beneficiaries:
[Full Name(s)]
Contingent or Remainder Beneficiary or Beneficiaries:
[Full Name(s)]
Additional beneficiary provisions:
[Describe family groups, percentages, classes of beneficiaries, charity provisions, or other terms]
7. Distributions During Settlor’s Lifetime
During the Settlor’s lifetime, the trustee shall distribute income and principal as follows:
[Describe whether distributions are to Settlor only, to Settlor and another person, for health, education, maintenance, support, or other standard]
If more than one Settlor created the trust, lifetime distribution provisions are as follows:
[Describe joint settlor terms, survivor rights, or separate share treatment]
8. Distributions After Death
After the death of the Settlor, or after the death of the surviving Settlor if there is more than one, the trustee shall distribute the trust property as follows:
[Describe specific gifts, percentages, continuing trusts, staggered distributions, family share provisions, or charitable gifts]
If a named beneficiary does not survive or does not qualify to receive a distribution, the trust property shall pass as follows:
[Describe alternate distribution terms]
9. Minor or Incapacitated Beneficiaries
If any beneficiary is a minor or is unable to manage property, the trustee may:
hold the beneficiary’s share in further trust;
make distributions for health, education, maintenance, and support;
distribute property to a guardian, custodian, conservator, or similar fiduciary where allowed; or
delay final distribution until the beneficiary reaches the following age or condition:
[Age / condition]
10. Trustee Powers
In addition to any powers provided by law, the trustee shall have the authority to:
collect, hold, invest, reinvest, and manage trust property;
buy, sell, lease, exchange, or encumber trust assets;
open and maintain financial accounts;
make tax elections and file tax returns;
employ attorneys, accountants, investment advisors, or other professionals;
divide or allocate trust assets in cash or in kind; and
take any other reasonable action necessary to administer the trust.
Any limitation or special trustee power is as follows:
[Describe or write “None”]
11. Trustee Compensation and Reimbursement
The trustee shall be:
☐ Entitled to reasonable compensation
☐ Entitled only to reimbursement of reasonable expenses
☐ Not entitled to compensation if serving in the following capacity: [Describe]
The trustee shall be reimbursed for reasonable costs and expenses properly incurred in administering the trust.
12. Incapacity of Settlor
If the Settlor becomes incapacitated or unable to manage affairs, incapacity may be determined by:
☐ Written certification by one licensed physician
☐ Written certification by two licensed physicians
☐ Written determination under another estate planning document
☐ Other method: [Describe]
Upon incapacity, the acting trustee may administer the trust for the Settlor’s benefit according to the terms of this trust.
13. Spendthrift Protection
To the extent allowed by law, a beneficiary’s interest in this trust shall not be voluntarily or involuntarily transferred, assigned, pledged, or reached by creditors before actual distribution by the trustee.
14. Administrative Provisions
The trustee may rely on this Trust Restatement as the governing instrument of the trust.
The trustee may also sign certifications of trust, transfer documents, receipts, releases, account forms, and other instruments reasonably necessary to administer the trust and deal with third parties.
Trust records shall be maintained in a reasonable manner, and notices or accountings shall be given as required by the trust terms or applicable law.
15. Governing Law
This trust shall be governed by the laws of [State/Country], except to the extent federal law or mandatory trust law applies.
16. Prior Amendments and Inconsistent Terms
This Trust Restatement supersedes prior amendments, restatements, and inconsistent operative trust provisions relating to the trust identified above, except as expressly preserved here:
[Describe any provisions that remain unchanged, or write “None”]
17. Effective Date
This Trust Restatement shall become effective on:
☐ The date signed
☐ Another date: [Date]
18. Signatures
IN WITNESS WHEREOF, the undersigned has executed this Trust Restatement as of the date first written above.
Settlor:
Signature: __________________________
Name: [Settlor Full Name]
Date: [Date]
Additional Settlor, if applicable:
Signature: __________________________
Name: [Settlor Full Name]
Date: [Date]
Trustee Acknowledgment, if desired:
Signature: __________________________
Name: [Trustee Full Name]
Title: Trustee
Date: [Date]
19. Notary Acknowledgment
State of [State]
County of [County]
On this [Day] day of [Month], [Year], before me, the undersigned notary public, personally appeared [Name of Signer], known to me or satisfactorily proven to be the person whose name is subscribed to this document, and acknowledged that they executed it for the purposes stated herein.
Notary Public Signature: __________________________
Printed Name: [Notary Name]
My Commission Expires: [Date]
Notary Seal: __________________________
20. Optional Attachment List
Attach supporting materials if needed:
☐ Schedule of trust assets
☐ Prior trust certification
☐ Successor trustee acceptance
☐ Related amendment history
☐ Other: [Describe]
