Can a Trust Be Changed? What Florida Families Need to Know

Creating a trust is one of the most powerful tools in an estate plan—but what happens if life changes after your trust is signed? A new grandchild is born, relationships evolve, or laws shift. You may start wondering: Can a trust be changed after it’s created?

The answer depends on the type of trust you have. In Florida, the rules around changing a trust vary based on whether it’s revocable or irrevocable, who the trustee is, and what the trust document says.

Understanding the Two Main Types of Trusts

Before we dive into the process of making changes, it’s important to know what kind of trust you have. Nearly every trust falls into one of two categories:

Revocable Trust (a.k.a. Living Trust)

A revocable trust is often called a living trust because it’s created during your lifetime and can be changed, amended, or even revoked entirely while you’re alive and mentally competent.

In Florida, most revocable trusts are used to manage assets during life and pass them on to beneficiaries after death—without going through probate.

Since the person who creates the trust (called the grantor) often serves as the trustee as well, they have full control over the trust assets and can make changes freely.

Can a revocable trust be changed? Yes, and quite easily.

Irrevocable Trust

An irrevocable trust, on the other hand, is typically locked in once it’s signed. The grantor gives up ownership of the assets placed in the trust, and in return, may receive certain tax benefits or asset protection advantages.

With an irrevocable trust, the ability to make changes is limited and usually requires court approval, consent from all beneficiaries, or both.

Can an irrevocable trust be changed? Only in limited situations.

Who Can Make Changes to a Trust?

In most cases, the person who created the trust (the grantor) is the only one who can make changes to it—assuming it’s a revocable trust and they’re still alive and have mental capacity.

But if the grantor has passed away or is incapacitated, control typically shifts to the successor trustee, who is required to follow the terms of the trust document as written. That successor trustee may not have the authority to make changes unless the trust specifically allows it.

Tip: If you’re the trustee or beneficiary of a trust and you’re unsure about your rights to modify it, consult an estate planning attorney before taking any action.

How Do You Amend a Trust?

If you need to make changes to a revocable living trust in Florida, there are a few common ways to go about it:

1. Trust Amendment

A trust amendment is a legal document that changes part of the original trust without replacing the entire thing. This is best for minor changes, like:

• Updating a beneficiary
• Naming a new successor trustee
• Changing how trust assets are distributed

The amendment should clearly reference the original trust and must be signed with the same formalities required under Florida law.

2. Trust Restatement

If you’re making significant or multiple changes, you may want to create a restatement of the trust. This replaces the original document entirely but keeps the same name and date so that assets already titled in the trust remain valid.

A restatement is often the best option when you’re overhauling your estate plan due to:

• A remarriage
• Estrangement from a beneficiary
• A change in financial circumstances
• New estate tax considerations

3. Revoking the Trust and Creating a New Trust

In some cases, it makes more sense to revoke the original trust and create a new trust from scratch. This is common when someone wants to switch from an individual trust to a joint trust with a spouse, or vice versa.

Can an Irrevocable Trust Be Changed in Florida?

Changing an irrevocable trust is possible, but it’s more complicated.

Here are three ways changes to an irrevocable trust may happen under Florida law:

1. Nonjudicial Modification ( § 736.0412, Fla. Stat.)

If all qualified beneficiaries agree, they may be able to modify the trust without going to court, especially if the changes don’t violate a material purpose of the trust. This is known as a nonjudicial modification.

This option only works if the trust doesn’t explicitly prohibit changes and all parties agree.

2. Judicial Modification ( § 736.04113 Fla. Stat.)

If unanimous agreement isn’t possible, a beneficiary or trustee can petition the Florida probate court to approve a modification. The court will consider whether the purpose of the trust has become impossible, impractical, or no longer aligns with the grantor’s intent.

3. Decanting (Fla. Stat. § 736.04117)

In some cases, the trustee can “decant” the trust—meaning they transfer the assets from the old trust into a new trust with different terms. Florida is one of several states that allows this technique under certain conditions.

Note: Decanting can only be done if the trustee has specific discretionary authority, and it must follow strict legal procedures.

Reasons People Change Their Trusts

You’re not alone if you’re thinking about updating your trust. Life changes, and so should your estate plan.

Here are some common reasons people amend a trust:

• A new child or grandchild is born
• A beneficiary passes away or becomes incapacitated
• You move to a different state (like Florida)
• You want to add or remove a trustee
• Changes in tax law impact your estate plan
• You want to update distributions or add charitable gifts
• You’ve remarried or divorced

Mistakes to Avoid When Making Changes

Updating a trust isn’t as simple as crossing out names or writing in new instructions. Florida law requires that amendments follow proper legal formalities.

Here’s what not to do:

• Don’t handwrite changes directly on the trust document
• Don’t assume oral instructions to your family will be followed
• Don’t forget to update related documents, like your will or power of attorney
• Don’t attempt to amend an irrevocable trust without legal advice

Even a small error in how a trust is amended can invalidate the changes and create confusion later, especially for your beneficiaries.

Work With a Florida Estate Planning Attorney

Whether you’re updating a revocable living trust or facing challenges with an irrevocable trust, it’s critical to get guidance from a Florida estate planning lawyer who understands the law, your goals, and the people you’re trying to protect.

At Vollrath Law, we help individuals and families:

• Review and amend existing trusts
• Modify irrevocable trusts when legally possible
• Create new trusts that reflect your current wishes
• Understand your rights as a trustee or beneficiary
• Coordinate your entire estate plan for long-term peace of mind

Need to Make Changes to a Trust? Let’s Talk.

So, can a trust be changed? Yes, in many cases. But how you go about it depends on the type of trust, who’s involved, and what your long-term goals are.

If your life has changed and you’re not sure whether your trust still fits your wishes, we’re here to help.

Contact Vollrath Law today to schedule a consultation and get clear answers about your trust, your estate plan, and your options moving forward.