What is an amendment to a trust?
An amendment to a trust is a change that is made to the original trust document after it has been signed and finalized. This amendment can be made for a variety of reasons, such as to change the beneficiaries of the trust, change the time in which the trust is to be distributed, or add additional assets to the trust. In Hawaii, a trust can be changed in two ways—by amendment or revoking and replacing. An amendment to a trust must be done in writing and signed by all of the parties involved, including the Trustee and the Grantor (the person who created the trust). This agreement should be documented by a qualified attorney to ensure that it is handled legally. An amendment should clarify in detail exactly what changes are being made to the trust and the reasons for those changes. In Hawaii, a trust amendment must be approved by the Court in some cases, depending on the particular circumstances. The court may also decide to set aside a trust amendment if it violates public policy or would be considered an unreasonable use of powers. Therefore, it is important to consult an attorney to make sure that all aspects of the amendment are in compliance with state inheritance laws.
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