Connecticut Trust Amendment

AMENDMENT TO REVOCABLE LIVING TRUST

STATE OF CONNECTICUT

AMENDMENT NUMBER: [________________________________]

DATE OF THIS AMENDMENT: [__/__/____]

TOWN/CITY: [________________________________], Connecticut

ARTICLE I — IDENTIFICATION OF TRUST

This Amendment to Revocable Living Trust ("Amendment") is made with respect to the following trust:

Name of Trust: [________________________________]

Date of Original Trust Instrument: [__/__/____]

☐ Trust was created on or after January 1, 2020 (Connecticut Uniform Trust Code fully applies)

☐ Trust was created before January 1, 2020 (transitional provisions of CGS 45a-499b may apply)

Settlor(s) / Grantor(s): [________________________________]

Original Trustee(s): [________________________________]

Current Acting Trustee(s): [________________________________]

Town/City of Trust Administration: [________________________________], Connecticut

Probate District: [________________________________]

Prior Amendments or Restatements:

ARTICLE II — RECITALS AND AUTHORITY TO AMEND

A. The Settlor established the above-referenced revocable living trust (the "Trust") on the date specified above under the laws of the State of Connecticut.

B. The Trust is and remains revocable by the Settlor. The Trust does not contain any express provision declaring it to be irrevocable.

C. For a trust created under an instrument executed on or after January 1, 2020, Connecticut General Statutes Section 45a-499oo(a) provides that, unless the terms expressly state that the trust is irrevocable, the settlor may revoke or amend the trust. That statutory presumption does not apply to a trust created under an instrument executed before January 1, 2020, a charitable pledge, or another charitable gift in which the charitable interest has otherwise vested. For a pre-2020 trust, confirm the instrument's reserved amendment power and applicable law before relying on this Amendment.

D. Under CGS Section 45a-499oo(c), the Settlor may amend this Trust:

(1) By substantial compliance with a method provided in the terms of the trust; or

(2) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by:

(A) Executing a later will or codicil that has been admitted to probate and that expressly refers to the trust or expressly devises specifically identified items of real or personal property that would otherwise have passed according to the terms of the trust; or

(B) Any other method manifesting clear and convincing evidence of the settlor's intent, provided that a written revocable trust may be amended only by a later written instrument.

E. The Trust provides for the following method of amendment at Article/Section [________________________________]: [________________________________].

☐ The Trust's specified method is NOT expressly made exclusive

☐ The Trust's specified method IS expressly made exclusive

F. The Settlor possesses the requisite legal capacity to execute this Amendment. Connecticut's Uniform Trust Code enactment did not include a separately codified capacity-of-settlor-of-revocable-trust section; under prevailing Connecticut common law, the capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.

G. This Amendment constitutes a "later written instrument" as required by CGS Section 45a-499oo(c)(2)(B) for the amendment of a written revocable trust.

H. The Settlor executes this Amendment voluntarily, free from duress, undue influence, fraud, or coercion.

ARTICLE III — SPECIFIC AMENDMENTS

The Settlor hereby amends the Trust as follows:

Section 1 — Provisions Deleted and Replaced

Amendment 1:

Article/Section [________________________________] of the Trust, which currently reads:

"[________________________________]"

is hereby DELETED in its entirety and REPLACED with the following:

"[________________________________]"

Amendment 2:

Article/Section [________________________________] of the Trust, which currently reads:

"[________________________________]"

is hereby DELETED in its entirety and REPLACED with the following:

"[________________________________]"

Amendment 3:

Article/Section [________________________________] of the Trust, which currently reads:

"[________________________________]"

is hereby DELETED in its entirety and REPLACED with the following:

"[________________________________]"

Section 2 — Provisions Added

The following new provisions are hereby ADDED to the Trust:

Addition 1:

A new Article/Section [________________________________] is hereby added to the Trust, to be inserted immediately following Article/Section [________________________________], reading as follows:

"[________________________________]"

Addition 2:

A new Article/Section [________________________________] is hereby added to the Trust, to be inserted immediately following Article/Section [________________________________], reading as follows:

"[________________________________]"

Section 3 — Provisions Deleted Without Replacement

The following provisions of the Trust are hereby DELETED in their entirety without replacement:

Deletion 1:

Article/Section [________________________________] of the Trust, which currently reads:

"[________________________________]"

is hereby DELETED in its entirety and shall be of no further force or effect.

Deletion 2:

Article/Section [________________________________] of the Trust, which currently reads:

"[________________________________]"

is hereby DELETED in its entirety and shall be of no further force or effect.

ARTICLE IV — CONFIRMATION OF UNAMENDED PROVISIONS

A. Except as expressly amended by this Amendment, all terms, conditions, provisions, and covenants of the Trust, including all prior amendments and restatements thereto, shall remain unchanged and in full force and effect and are hereby ratified and confirmed by the Settlor.

B. This Amendment shall be read, interpreted, and construed as part of and together with the original Trust instrument and all prior amendments as one integrated document.

C. In the event of any conflict or inconsistency between this Amendment and any provision of the Trust or any prior amendment, this Amendment shall prevail and control.

D. All references in the Trust or prior amendments to "this Trust," "this Trust Agreement," "this Declaration of Trust," or words of similar import shall hereafter be deemed to refer to the Trust as modified by this Amendment.

ARTICLE V — GOVERNING LAW AND JURISDICTION

A. This Amendment shall be governed by and construed in accordance with the Connecticut Uniform Trust Code, Connecticut General Statutes, Title 45a, Chapter 802c, and the general laws of the State of Connecticut.

B. The Probate Court for the District of [________________________________] shall have jurisdiction over matters arising under this Amendment and the Trust, subject to the provisions of CGS Section 45a-499d.

C. The principal place of trust administration shall remain in [________________________________], Connecticut, unless changed in accordance with the terms of the Trust or applicable law.

ARTICLE VI — CONNECTICUT ESTATE TAX CONSIDERATIONS

The Settlor acknowledges that this Amendment may have implications under the Connecticut estate tax (CGS Chapter 802b) and the federal estate tax (Internal Revenue Code Sections 2001 et seq.). The Settlor has been advised to consult with qualified legal and tax counsel regarding the estate tax consequences of the amendments set forth herein.

ARTICLE VII — WRITTEN INSTRUMENT REQUIREMENT

The Settlor acknowledges that under CGS Section 45a-499oo(c)(2)(B), a written revocable trust may be amended only by a later written instrument. This Amendment satisfies that requirement. Any purported oral amendment to this Trust or to this Amendment shall be void and of no effect.

ARTICLE VIII — SEVERABILITY

If any provision of this Amendment shall be adjudged invalid, illegal, or unenforceable by any court of competent jurisdiction in the State of Connecticut, such adjudication shall not affect the validity, legality, or enforceability of any other provision of this Amendment or of the Trust. The remaining provisions shall continue in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to render it valid, legal, and enforceable while preserving the Settlor's intent to the greatest extent possible.

ARTICLE IX — AGENT AND CONSERVATOR PROVISIONS

☐ This Amendment is executed by the Settlor personally.

☐ This Amendment is executed by the Settlor's agent under a duly executed power of attorney. The Trust at Article/Section [________________________________] expressly authorizes the agent to amend the Trust, and the power of attorney grants such authority. A copy of the power of attorney is attached as Exhibit [________________________________].

☐ This Amendment is executed by the Settlor's conservator with the approval of the Probate Court for the District of [________________________________]. A certified copy of the court order is attached as Exhibit [________________________________].

ARTICLE X — EXECUTION

IN WITNESS WHEREOF, the Settlor has executed this Amendment to the Revocable Living Trust on the date first written above, in the State of Connecticut, Town/City of [________________________________].

Settlor

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

WITNESSES (RECOMMENDED)

We, the undersigned, each declare that the Settlor signed this Amendment in our presence, that the Settlor appeared to be of sound mind and free from duress or undue influence, and that we each sign as a witness at the Settlor's request and in each other's presence.

Witness 1:

Signature: _______________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

Witness 2:

Signature: _______________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

STATE OF CONNECTICUT

COUNTY OF [________________________________]

On this [__/__/____], before me, the undersigned officer, personally appeared [________________________________], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.

Notary Signature: _______________________________________________

Printed Name of Notary: [________________________________]

Commissioner of the Superior Court / Notary Public

My Commission Expires: [__/__/____]

[NOTARY SEAL]

TRUSTEE ACKNOWLEDGMENT OF RECEIPT AND ACCEPTANCE

The undersigned Trustee(s) hereby acknowledge(s):

1. Receipt of this fully executed Amendment on the date indicated below;
2. Review and understanding of the amendments set forth herein;
3. Acceptance of the obligation to administer the Trust in accordance with this Amendment and all unamended provisions of the Trust; and
4. Understanding that this Amendment, together with the Trust and all prior amendments, constitutes the complete and current terms of the Trust.

Trustee 1:

Signature: _______________________________________________

Printed Name: [________________________________]

Date of Receipt: [__/__/____]

Trustee 2 (if applicable):

Signature: _______________________________________________

Printed Name: [________________________________]

Date of Receipt: [__/__/____]

SCHEDULE A — CUMULATIVE RECORD OF TRUST AMENDMENTS

SCHEDULE B — AFFECTED TRUST PROPERTY (IF APPLICABLE)

This Amendment consists of [________________________________] pages, including all schedules and exhibits.

End of Connecticut Trust Amendment