If you have a revocable living trust in place, you may be wondering how to update it when your wishes, circumstances, or the law changes. In Virginia, one of the most effective ways to update your trust is through a trust restatement.

Below, we explain what a trust restatement is, when it may be necessary, and why it can be a better option than starting from scratch or attempting a piecemeal amendment.

What Is a Trust Restatement?

A trust restatement is a legal document that replaces the entire original trust agreement with a new version, while keeping the trust's name, date, and original funding intact. It is commonly used for revocable living trusts, where the grantor (the person who created the trust) wishes to make substantial changes to the structure or terms of the trust.

Because a restatement keeps the original trust intact, there is no need to retitle assets already in the name of the trust. This can save significant administrative time and cost.

When Should a Trust Be Restated?

Under Virginia law, a revocable trust can be amended or restated during the grantor's lifetime, provided they have capacity to update the document. Situations where a restatement is often appropriate include:

• Major life changes, such as marriage, divorce, birth of children or grandchildren, or the death of a spouse or named beneficiary

• Change in distribution wishes, such as disinheriting a beneficiary or shifting to a more structured inheritance plan

• Changes in trustees or successor trustees

• Outdated trust provisions, especially if the original trust was created many years ago or in a different state

• Concerns about clarity, structure, or legal sufficiency of an older trust

• Desire to incorporate long-term care planning, tax strategies, or other asset protection features

If your trust has already been amended several times, a restatement can also consolidate all of those changes into one clear and cohesive document.

Why Not Just Amend the Trust?

While Virginia law allows amendments to revocable trusts, amendments are best used for minor or isolated updates. Attempting to modify a trust through multiple amendments, or amending documents created by another attorney, can lead to:

• Conflicting provisions

• Confusion for fiduciaries and beneficiaries

• Increased risk of disputes or claims of undue influence

• Difficulty administering the trust smoothly upon incapacity or death

In these cases, a restatement offers a cleaner, more legally sound solution.

Do I Need to Work with the Same Attorney Who Drafted My Original Trust?

Not necessarily. In fact, if your original documents are outdated, unclear, or prepared by someone no longer practicing, working with an experienced Virginia estate planning attorney to review and restate your trust can ensure your current wishes are honored and your plan complies with modern legal standards.

Many attorneys, including our firm, do not amend documents prepared by others due to liability and drafting inconsistencies. However, we are happy to assist clients by reviewing existing plans and preparing a new, cohesive restatement that reflects their updated goals.

Conclusion: Keep Your Estate Plan Current

If your revocable trust no longer reflects your wishes or your life has changed significantly, a trust restatement may be the best way to bring your plan up to date. In Virginia, this process allows you to retain your trust's structure and assets while implementing meaningful updates.

Our firm regularly assists clients throughout Northern Virginia and beyond with restating outdated trusts and preparing new plans that reflect their current goals.

If you're unsure whether a trust restatement is right for you, contact our office today to schedule a consultation.