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Trust Amendments and Codicils

One of the advantages of a Revocable Living Trust is that it may be changed during the trustor’s lifetime. An amendment is an add-on to an existing trust. The amendment is used for simple changes. This is easier than creating a new trust, because propery does not need to be retitled. Do not hand write on the original trust. Hand writing on the original trust, depending on state law, will either void the trust, or be ignored.

A codicil is an update or amendment to a will. A codicil does not revoke the will, but merely changes one or more parts of it. A codicil should be kept with the original will. If a copy of the will has been filed with probate court, the codicil should be filed with the court also. Copies should also be given to any persons that have copies of the will.