An Addendum To Trust Agreement is utilized when modifications to an existing trust become necessary due to changing circumstances, tax laws, or beneficiary needs. This document is commonly used across the United States to make specific changes while preserving the original trust's fundamental structure. The addendum must comply with state-specific trust laws and may require beneficiary consent depending on the jurisdiction and nature of modifications. It typically addresses changes in trustees, distribution terms, administrative powers, or trust duration, and must be executed with the same formality as the original trust agreement.
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1. Parties: Identification of trustee(s), settlor(s), and beneficiaries involved in the trust amendment
2. Background: Reference to original trust agreement, date of creation, and reason for modification
3. Definitions: Key terms used in the addendum and their meanings
4. Modifications: Specific changes being made to the original trust agreement, clearly stating the original and new provisions
5. Effect on Original Agreement: Statement confirming that all other provisions of the original trust agreement remain in full force and effect
6. Execution: Signature blocks, witnessing requirements, and notarization provisions
1. Tax Implications: Section addressing any tax consequences resulting from the modifications to the trust
2. Beneficiary Consent: Section containing written consent from beneficiaries when required by original trust or state law
3. Powers of Appointment: Section detailing changes to power of appointment provisions when modifying distribution powers
1. Schedule A - Original Trust Agreement: Copy or reference to the original trust agreement being modified
2. Schedule B - Modified Provisions: Detailed list of provisions being modified with both original and new language
3. Schedule C - Consent Forms: Required beneficiary consent forms and related documentation
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