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A restatement does not amend the trust but restates the entire trust and includes whatever changes the creator wishes to be included. It normally revokes the earlier trust entirely and replaces the old trust with the new version. The old trust becomes null and void, replaced entirely by the restated trust.
If there is no amendment clause in the Trust Deed, any amendment has to be done with the permission of a Civil Court. Once the Civil Court has allowed permission for amendment, it is not open on the part of the Income Tax Officer or any other person to challenge such amendment.
So a Restatement would say ?I hereby take my entire trust named TRUST dated DATE and replace it with this whole new trust named TRUST dated TODAY'S DATE.? A restatement is generally cleaner, and a preferred way to amend trusts, as opposed to amendments.
A revocable trust can be modified while the Grantor is alive. Revising the terms of a trust is known as ?amending? the trust. An amendment is generally appropriate when there are only a few minor changes to make, like rewording a certain paragraph, changing the successor trustee, or modifying beneficiaries.
For example, you might use a trust amendment form to: Update your trustee or successor trustee: If your chosen trustee is no longer willing or able to manage the trust, or you'd like to designate someone else, you can use an amendment form to name another person or organization to manage your trust.