Modification of trust deed

A trust deed is a formal document outlining the parties involved in a trust and the instructions for distributing trust property to beneficiaries. A trust grantor is a person who sets up a trust and creates a trust deed for a trustee to carry out.

• Only a revocable trust can be amended once created. Amendments can be made only during the trust grantor's lifetime, however. There are no restrictions to the number of amendments that can be made to an original trust deed. As long as each amendment is acknowledged in writing with a legal instrument and notarized by a notary public, the amendment is valid and executable.

Authority

• Only a trust grantor or trustee of a revocable trust can amend an original trust deed. Beneficiaries of a trust grantor, on the other hand, do not possess the power to amend or revoke any trust document. It benefits a trust grantor to notify all parties involved in the trust that an amendment to the original trust deed has been documented. Doing so prevents questions about the validity of the amendment later.

Dear Ramji,

Thanks for your reply.

The will through which trust was made ,mentions liabilities that have to be fullfilled. Acordingly the trust deed was made.The original 2 trustee made a new trustee in their life time.Both the original trustee have died and only one liability remains of the trust. High court vide its order has made the liability as its sole benificary and since the trust deed and WILL did not mention how the trust will be dissolved ,after the liability are met, it made new benificaries after the death of sole benificary.

Would like you to please clarify the below mentioned point in view of the above.

"Only a trust grantor or trustee of a revocable trust can amend an original trust deed."

Can the surviving trustee amend the trust deed in view of the above judgement. Also will this amendment be in nature of annexture or trust deed will have to be rewritten.

Regards and thanks

Indu

Dear Sir ii need ur small help in context of trust as i want to add certain clauses in Trust deed. So how is it possible. Please tell procedure. This are normal clauses. As some people says we have to pass resolution.But then what after that what to do with resolution please tell where to submit as my TRUST is registered with Sub Registrar.

Sir,

There are Five trustees in the trust including the managing trustee.

A resolution is passed unanimously and signed by all the trustees including the Managing Trustee (Who is also the founder of the trust). The resolution also request to amend the trust deed suitably to include the contents of the resolution in the trust deed.

Later on, the Managing trustee refuses to amend the trust deed.

In this circumstance, whether any one of the trustees can amend the trust deed based on this resolution with the district registrar (The same office where the original trust deed was registered)

Pl advise, Thanks, Regads.