Updating Your Estate Plan: Restating vs. Amending a Trust

When you’ve re-examined your estate documents and discovered that they need updating, you have two ways to record your new instructions.

For trusts, you can:

  1. Amend the current trust by listing changes you want to make, or
  2. Restate your desires in a new trust document.

For wills, you can:

  1. Write a codicil to the existing will listing your changes, or
  2. Create a new will that replaces the current will altogether.

The first techniques (Amending a trust and writing a codicil) are best when you are making small changes.  The second approaches are the better choices when you are making significant changes or you have decided NOT to give anything to someone who you previously listed.

Estate planning attorney Julia P. Wald discussed the different approaches in a question and answer session in early 2011.  Click on the picture below to get her advice.

For help with your trusts, will, and estate planning, please phone The Law Offices of Julia P. Wald at 415.482.7555 .