The following is an example of an amendment to a Declaration of Trust when only minor changes are to be made. This particular example amends our Declaration of Trust - 1.
FIRST AMENDMENT TO THE DECLARATION OF TRUST
JOHN B. DOE REVOCABLE LIVING TRUST
THIS FIRST AMENDMENT to the Declaration of Trust establishing the John B. Doe Revocable Living Trust is made this __________ day of _______________, 2012, by John B. Doe of _____________________, ____________________, acting herein both as "Grantor" and as "Trustee."
W I T N E S S E T H :
WHEREAS, I, John B. Doe, created a revocable living trust under a Declaration of Trust, dated _______________________, 2012, which Declaration of Trust created the "John B. Doe Revocable Living Trust;" and,
WHEREAS, I reserved the right under Article XI thereof to amend or revoke the said Declaration of Trust at any time and from time to time with the consent of the Trustee;
NOW, THEREFORE, I hereby amend the said Declaration of Trust establishing the John B. Doe Revocable Living Trust as follows:
1. Article II (entitled, "Disposition of Trust Property During My Lifetime,") is hereby amended by deleting paragraph A thereof (entitled, "General Provisions") and by inserting the following new paragraph A in place thereof:
"A. General Provisions. If any property is transferred to the trust during my lifetime, then I shall receive, hold and manage the same; shall invest and reinvest such property, other than life insurance policies; shall collect the income, if any, and the proceeds thereof; and shall distribute to myself or others so much of the net income and principal thereof as I, in my sole discretion, shall decide from time to time, provided I am not incapacitated within the meaning set forth in paragraph B of this Article II. If I become incapacitated while serving as Trustee, then I shall immediately terminate as Trustee. Thereafter, the successor Trustees designated in accordance with the provisions of Article IX of this instrument shall pay to or apply for the benefit of any one or more members of a group consisting of myself and my children so much of the net income and principal of the trust, even to the extent of exhausting principal, as the successor Trustees may consider advisable for their health, maintenance and support. The successor Trustees shall be exonerated from any liability in connection with the making of such discretionary payments. The successor Trustees shall consult with me insofar as practicable regarding the purchase, sale, exchange or other disposition of investments constituting a part of the trust property. Any net income not so expended may be accumulated and added to principal from time to time."
2. In all other respects, I reaffirm and republish the Declaration of Trust establishing the John B. Doe Revocable Living Trust, dated __________, 2012.
IN WITNESS WHEREOF, I have signed this First Amendment to the Declaration of Trust establishing the John B. Doe Revocable Living Trust on the __________ day of __________________, 2012.
Signed and delivered in
Personally appeared John B. Doe, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same, both as Grantor and as Trustee, for the purposes therein contained.
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