Revoking a Living Trust

Well, since you posted this question, we’ll assume you’re still alive (if not its probably not revocable!). If you’re alive, read the trust document. Most living trusts have a clear and obvious provision that says how they can be revoked. You also want to verify that it is in fact a revocable living trust, as many living (in lawyer jargon, inter-vivos) trusts are NOT revocable. Once it is determined that the trust is revocable, follow the terms of the trust to change it. If the trust you’re referring to is a typical revocable living trust intended to avoid probate and manage assets during disability, the most common way to revoke an old trust is to sign an Amended and Restated trust agreement which supersedes and amends the old trust. This might preferable to simply revoking the trust as you ask.

The book, Shenkman “Complete Living Trust Program” published by John Wiley has a lot of information on this. Also, see the forms sections of this web site.