Under Utah Code Section 75-7-602, a revocable trust can be amended or revoked at any time by the grantor while the grantor has capacity, regardless of whether the trust requires a specific method for amendment. An irrevocable trust can be modified with the consent of all beneficiaries and the grantor, or by court order under certain circumstances. Decanting, the power to distribute trust assets to a new trust, is another modification tool available under Utah law.
Last updated: July 2026
Key Takeaways
- A revocable trust can be amended by the grantor at any time under Section 75-7-602 regardless of the trust’s amendment procedure.
- An irrevocable trust requires beneficiary consent or court approval to modify.
- Trust decanting allows the trustee to distribute assets to a new trust with different terms.
- Trust restatement replaces the entire trust document while keeping the same trust name and date.
- Improper amendments can create conflicts between the original trust and the amendment.
Life changes and estate plans must change with it. Utah law provides several mechanisms for modifying trusts, and the appropriate method depends on whether the trust is revocable or irrevocable. For revocable trusts, the grantor has broad authority to amend, restate, or revoke the trust at any time. For irrevocable trusts, modification is more limited and typically requires the consent of all interested parties or a court order.
Understanding the modification rules under the Utah Uniform Trust Code is essential for anyone who has created a trust or is considering creating one. The flexibility of a revocable trust is one of its key advantages, but even irrevocable trusts can be adapted to changed circumstances through decanting, modification under the UTC, or court proceedings. The key is to use the correct procedure for the specific type of modification needed.
How does a grantor amend a revocable trust under Utah Code Section 75-7-602?
Under Section 75-7-602, a grantor may revoke or amend a revocable trust by complying with the method stated in the trust, if the trust specifies a method. If the trust does not specify a method, the grantor may revoke or amend by any method that clearly and convincingly demonstrates the grantor’s intent. This gives the grantor substantial flexibility in making changes.
The safest method for amending a revocable trust is to execute a written trust amendment that specifically references the trust’s name and date, identifies the provisions being changed, and states the new provisions. The amendment should be signed by the grantor and notarized. The amendment becomes part of the trust and must be interpreted together with the original trust document. The amendment should be stored with the original trust documents.
What is a trust restatement and when should it be used in Utah?
A trust restatement replaces the entire trust document while keeping the trust itself in existence. The trust retains its original name, date, and taxpayer identification number. The existing trust remains the same legal entity. Only the terms of the trust change. This is different from an amendment, which modifies specific provisions, or a revocation, which terminates the trust entirely.
A restatement is appropriate when the changes to the trust are extensive enough that patching the original document with amendments would create confusion. For example, if the grantor wants to change all the beneficiaries, change the trustee, modify the distribution standards, and add new administrative provisions, a restatement is cleaner and clearer than multiple amendments. The restated trust document states that it restates the trust in its entirety and that the original trust and all prior amendments are superseded.
How can an irrevocable trust be modified in Utah?
An irrevocable trust can be modified under several provisions of the Utah Uniform Trust Code. Under Section 75-7-602, the trust can be modified with the consent of the grantor and all beneficiaries. The beneficiaries’ consent must be informed and voluntary. A noncontingent beneficiary who is a minor or incapacitated may need a guardian or conservator to consent on their behalf.
Under Section 75-7-410, the court may modify an irrevocable trust if circumstances have changed that were not anticipated by the grantor and if modification would further the trust’s purposes. The court may also terminate a trust if its continuation is impracticable or wasteful. Under Section 75-7-411, the court may modify administrative provisions of a trust to achieve administrative efficiency or to correct a mistake in the trust’s terms.
Under Utah Code Section 75-7-602, a revocable trust may be amended or revoked by the grantor at any time. Irrevocable trusts require consent or court approval for modification.
What is trust decanting and is it allowed in Utah?
Trust decanting is the power of a trustee to distribute trust assets to a new trust with different terms. The trustee essentially pours the assets from the existing trust into a new trust that may have different beneficiaries, distribution standards, or administrative provisions. Decanting is a powerful tool for modernizing outdated trusts without requiring court approval or beneficiary consent.
Utah has not adopted a specific decanting statute, but the Utah Uniform Trust Code does not prohibit decanting if the trustee has the authority to make distributions and the trust does not prohibit decanting. The trustee must have discretionary distribution authority and must act in accordance with fiduciary duties. Decanting is most commonly used to update an older trust to take advantage of changes in tax law, to address a beneficiary’s special needs, or to correct drafting errors.
What happens if a trust amendment conflicts with the original trust in Utah?
If a trust amendment conflicts with the original trust, the amendment controls to the extent of the conflict. However, an amendment that purports to change a provision that the trust requires to be changed by a specific method may be invalid if the grantor did not follow that method. The amendment must be executed with the same formalities required by the trust for amendments.
Multiple amendments that conflict with each other create interpretive challenges. The most recent valid amendment controls over earlier amendments and over the original trust. If the conflicts are so extensive that the trust cannot be administered, the trustee may need to seek court guidance or petition for trust reformation under the Utah Uniform Trust Code. This is why a trust restatement is often better than layering multiple amendments over time.
| Action | Revocable Trust | Irrevocable Trust |
|---|---|---|
| Amendment | Grantor can amend at any time | Consent or court order required |
| Restatement | Grantor can restate entire trust | Not available |
| Revocation | Grantor can revoke at any time | Generally not available |
| Decanting | Trustee may have decanting power | Trustee may have decanting power |
| Court modification | Available if trust or law permits | Available under UTC provisions |
Frequently Asked Questions
Can a trust be amended after the grantor’s death in Utah?
No. The grantor’s death terminates the power to amend, even for revocable trusts. After death, the trust becomes irrevocable, and changes require court approval or beneficiary consent.
Does Utah require trust amendments to be notarized in Utah?
Notarization is not strictly required but is strongly recommended. A notarized amendment provides clear evidence of the grantor’s signature and intent, reducing the risk of challenges.
Can a trust amendment change the trustee in Utah?
Yes. A revocable trust amendment can change the trustee at any time. An irrevocable trust may or may not allow trustee changes depending on the trust’s terms.
How does divorce affect a Utah trust?
Under Utah law, divorce may revoke certain provisions in a revocable trust that benefit the former spouse, similar to the rules for wills. The trust should be reviewed and updated after divorce.
Can a trust be revoked orally in Utah?
Generally no. Section 75-7-602 requires the grantor to comply with the method stated in the trust. Most trusts require written amendments. Oral revocation is unlikely to be effective.
What is the cost of amending a trust in Utah?
A simple trust amendment typically costs $300 to $800 from a Utah estate planning attorney. A full trust restatement costs more but is comparable to creating a new trust.
Can a trust amendment be contested in Utah?
Yes. A trust amendment can be contested on the same grounds as the original trust, including lack of capacity, undue influence, or fraud. The contestant has the burden of proving invalidity.
Does a trust amendment need to be provided to beneficiaries in Utah?
The trustee has a duty to inform beneficiaries of the trust’s existence and their status as beneficiaries, but the full trust terms and amendments may not need to be disclosed unless the beneficiaries request them.
How often should I review and update my Utah trust?
Review your trust every three to five years and immediately after any major life event including marriage, divorce, birth of a child, death of a beneficiary, significant change in assets, change in tax law, or moving to or from Utah. Outdated trusts may not accomplish your goals and may create unexpected tax consequences.
A regular review with your Utah estate planning attorney ensures your trust remains consistent with your intentions and current law. The attorney can recommend whether an amendment, a restatement, or a new trust is the best approach for updating your estate plan.
Planning your estate in Utah? Jeremy D. Eveland, MBA, JD, can help you create a comprehensive estate plan that protects your legacy and your loved ones.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah estate planning attorney for advice specific to your situation.
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