How to Draft Reinstated Provisions of a Living Trust
According to the Federal Trade Commission, most states require an attorney to draft a trust. As such, you should check with your state's bar association before proceeding. If you're looking to reinstate provisions that were at some point removed -- and you're in a state that allows trustors to draft their own trust documents -- you should re-draft the entire trust document, as it's important that the trust provisions are clear and easily understood. Any confusion can lead to the entire trust failing. You must make sure you name a trustee, have assets and name beneficiaries, otherwise the trust will be invalid.
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Instructions
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Locate a copy of the original trust. If you have a copy of the trust with the original terms, you can use the same language when drafting the provisions you wish to reinstate.
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Draft the new trust incorporating reinstated provisions. Make sure you draft a new trust document with the reinstated provisions, rather than simply adding them to an already executed document. Drafting a new trust will decrease the likelihood of confusion.
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Take the new trust document to an attorney to have it looked over. It's important for your trust to be written in compliance with your state's laws. An attorney who's licensed in your particular state will be able to tell you whether your trust document has been validly drafted.
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Give a copy of the new trust to the named trustee. Your trustee must know about the reinstated provisions in order to carry out his fiduciary responsibilities appropriately.
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Tips & Warnings
Trust law is complex. As such, it's best to consult an estate planning attorney in your state of residence before proceeding.
None of the above information is meant to serve as legal advice.
