Estate Plan Restatement

A restatement in estate planning is a comprehensive revision of an existing trust or estate plan. Rather than amending specific sections, a restatement replaces the entire document with a new version while retaining the original trust’s name and date. This keeps the trust’s original structure intact, which can simplify administration and avoid issues with transferring assets. Restatements are typically used when:

Making Extensive Changes – When there are multiple updates or substantial modifications needed that go beyond a simple amendment.

Adapting to New Laws – Updating the trust to comply with significant changes in tax, estate, or trust laws.

Revising Core Structures – Changing fundamental elements of the plan, such as how assets are distributed, restructuring the trust, or altering long-term provisions.

Consolidating Amendments – If the trust has had numerous amendments over time, a restatement can consolidate all previous changes into one updated, cohesive document.

A restatement is beneficial because it preserves the trust’s original name and date, which can avoid the need for re-titling assets or notifying institutions of a “new” trust. This makes it a seamless, legally sound way to modernize or substantially alter an estate plan.

Amendments

An amendment in estate planning is used to make specific changes to an existing estate plan or trust without needing to create an entirely new document. Amendments are ideal for updates that don’t require a complete overhaul of the estate plan structure. Common reasons to use an amendment include:

Updating Beneficiaries – Changing who will inherit assets, adding new beneficiaries (like a new child or grandchild), or removing a beneficiary.

Changing Executors or Trustees – Appointing new people to manage the estate, such as a new executor, trustee, or power of attorney.

Modifying Specific Provisions – Adjusting details like distribution methods, adding specific gifts, or updating instructions for handling certain assets.

Reflecting Life Changes – Making adjustments following significant life events, such as marriage, divorce, or the death of a named individual.

Ancillary Document Review & Updates

Ancillary documents are essential components of a complete estate plan. These supporting documents help ensure your personal, financial, and medical wishes are honored and that your trusted decision-makers have the authority they need. Ancillary documents typically include your Durable Power of Attorney, California Advance Health Care Directive, California HIPAA Authorization, Nomination of Guardian for Minor Children, Final Disposition Instructions, and Personal Property Memorandum.

At Devey Law, we offer à la carte review and update services for these important documents—without requiring a full amendment or restatement of your trust or will. This allows you to make necessary changes efficiently and cost-effectively, ensuring your plan remains current and legally sound. Clients often seek updates when:

• Agents or Guardians Need to Be Changed – Appointing new agents for financial or healthcare decisions or updating your nominated guardians for minor children.

• Contact Information Is Outdated – Your agents, guardians, or family members have changed addresses, phone numbers, or email addresses.

• Medical or Burial Preferences Have Evolved – You want to revise your end-of-life care, organ donation, or final disposition instructions.

• Personal Property Distributions Have Changed – You wish to add, remove, or reassign specific gifts in your Personal Property Memorandum.

• Law or Form Requirements Have Changed – Updated statutory forms or legal best practices suggest a newer version for enforceability.

• Time Has Passed – Some institutions prefer ancillary documents to be updated every 5–10 years for clarity and acceptance.

Our ancillary document review service ensures your legal documents reflect your current wishes and remain enforceable when your loved ones need them most—all without unnecessary revisions to your core estate planning documents.