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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.
An estate planning attorney must review the trust to ensure it can be amended. If the trust allows the surviving settlor to amend the trust, the authority to amend it may only be given to the surviving settlor. The mother may be permitted to amend the trust. However, it can't be anyone acting on her behalf.
Amending a revocable trust, however, requires at most a notarized signature. There is often no need for you to sign a trust amendment in your attorney's office. As more people are living longer, the need to plan for incapacity is more important than ever.
It's important to know what you want to change and where in your trust document this information lives (such as the article number you're amending). Fill out the amendment form. Complete the entire form. It's important to be clear and detailed in describing your changes.
To close a trust after death, the successor trustee must settle it. This means distributing its assets as per the trust's terms. The trustee is responsible for ensuring the trust's termination aligns with its stipulations. It's essential to follow the trust's directives accurately.