What is a trust modification?

A trust modification is a legal process that allows a trust to be changed in some way. It can involve changing certain terms of the trust agreement, adding or removing beneficiaries, or appointing a new trustee. This process is used to adjust a trust to meet the changing needs of the trust maker, the beneficiaries, or both. In New Hampshire, the Trusts and Estates law allows for modifications to trusts. Generally, the trust maker, or settlor, can modify a trust during their lifetime while they still have capacity and are able to make decisions. A trust modification must follow state law, and usually needs the approval of all beneficiaries who are affected by the changes. In some cases, trust modifications are not allowed in New Hampshire without court approval. For example, if the trust maker is deceased, court approval is generally required to modify the trust regardless of age or capacity. In addition, the court needs to approve any changes to the trust that are to the detriment of any of the beneficiaries. In general, if the trust maker wants to make a change to their trust, they must notify all affected parties in writing and include the proposed change in the notice. The trust must also be updated to reflect the changes. The trust modification must follow all rules and requirements under New Hampshire law in order to be valid.

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