Trust Amendment

Depending on the circumstances, the terms of the trust, and on applicable law, a trust may often be amended or revoked. Unless the terms of the trust explicitly provide that the trust is not revocable, the settlor (person who creates the trust) may amend or revoke the trust, provided the settlor has capacity. An irrevocable trust may sometimes be amended with a non-judicial settlement agreement, or it may be amended or revoked with court approval. There are many factors that must be considered before determining whether a trust can, or should, be amended.