Can You Make Changes to a Living Trust After It’s Created?
Oct. 27, 2025
A living trust is a legal document that allows you to place assets under the management of a trustee for your own benefit during your lifetime and for the benefit of chosen beneficiaries after your death. Unlike a will, a living trust can help avoid probate, which saves time, cost, and public exposure of your private matters.
Under Missouri trust law, there are two primary types of living trusts: revocable trusts and irrevocable trusts. Each type carries very different consequences for whether and how changes can be made after the trust is established.
As an estate planning attorney, I often speak with clients who want the peace of mind that comes with a living trust but also wonder if they will be locked into the decisions they make once it is created.
The truth is that life changes constantly—families grow, relationships shift, and financial situations evolve. Because of that, the trust law gives flexibility for people to adjust their plans when necessary.
Whether you can make changes to a living trust depends on the type of trust you create and the specific provisions outlined in your documents.
In this article, I want to walk through how Missouri trust law treats living trusts, what options exist for making changes, and why this flexibility can be vital to protecting both your assets and your intentions for the future.
Revocable Trusts and Their Flexibility
Revocable trusts are the most common form of living trust in Missouri, largely because of their flexibility. With a revocable trust, you, as the grantor, retain control over the assets placed in the trust. You can amend, revoke, or restate the trust at any time during your lifetime as long as you are mentally competent.
This means that if you buy a new home, welcome a new grandchild, or decide to update who should inherit certain property, you have the legal right to make those adjustments. Missouri trust law makes it clear that revocable trusts remain under your authority while you are alive, giving you the freedom to adapt your estate plan to your circumstances.
Irrevocable Trusts and Their Restrictions
On the other hand, irrevocable trusts are far less flexible. Once you create an irrevocable trust and transfer assets into it, those assets generally can’t be pulled back or redistributed by you. The reason people choose irrevocable trusts is usually for tax advantages, asset protection, or Medicaid planning.
In most cases, changes to an irrevocable trust are extremely limited. Missouri trust law does provide some ways to modify an irrevocable trust, such as through court approval or with the consent of all beneficiaries, but these options are much more restrictive than with a revocable trust.
How Amendments Work in Missouri
When clients ask about making changes to a trust, amendments are usually the first tool I discuss. An amendment allows you to make specific changes to a revocable living trust without rewriting the entire document. For instance, you might want to:
Add or remove a beneficiary
Change a successor trustee
Update the distribution of assets
Adjust how certain funds should be used, such as for education or health care
Under Missouri trust law, amendments must be made formally, often requiring a written and signed document that complies with the original trust’s provisions for changes. Simply writing a note or making verbal instructions won’t carry legal weight.
Restating a Trust
Sometimes the number of changes becomes too great for simple amendments to handle. In those cases, a full restatement of the trust is often the better option.
Restating the trust means creating an entirely new version of the trust document while keeping the original trust’s name and date. This way, the trust remains legally continuous, avoiding the need to retitle assets.
Missouri trust law supports restatements as a clean and efficient way to modernize a trust when significant changes are needed. It provides clarity and avoids the confusion that might come from attaching multiple amendments over time.
Revocation as a Last Resort
If a revocable trust no longer serves your goals at all, you can revoke it completely under Missouri law. Revocation means terminating the trust, transferring assets back into your personal ownership, and then deciding whether to create a new trust or handle your estate differently.
I usually advise clients to consider revocation only when the trust structure itself is no longer useful, because in many cases, amendments or restatements provide a simpler path forward. Still, revocation remains an option that Missouri trust law allows.
Limits on Changing a Trust
Even with revocable trusts, there are limits to keep in mind. Missouri law requires that you remain mentally competent to make valid changes. If you become incapacitated, a successor trustee can’t change your trust unless specific provisions give them that power.
Additionally, once you pass away, the revocable trust becomes irrevocable. At that point, beneficiaries generally can’t alter the terms of the trust unless they seek court involvement. This is why making changes during your lifetime, while you have full authority, is so important.
Why People Modify Living Trusts
Over my years of practice, I have seen many reasons why clients return to update their living trusts. Missouri trust law is designed to accommodate those real-life changes. Some of the most common reasons include:
Marriage, divorce, or remarriage
Birth or adoption of children or grandchildren
Death of a beneficiary or trustee
Significant changes in financial status
Purchase or sale of major assets
Relocation to another state
Shifts in personal priorities or relationships
This list reflects the reality that estate planning is not a one-time event but an ongoing process. Trust law gives you the flexibility to adapt when life takes unexpected turns.
The Process of Making Changes
In Missouri, making changes to a trust requires careful attention to legal detail. When I assist clients, I make sure amendments or restatements are properly drafted, signed, and stored with the original trust documents. Without these formalities, disputes may arise later, and beneficiaries might challenge whether the changes were valid.
Proper execution is especially critical when substantial assets are at stake. Missouri courts place significant importance on following the requirements of trust law, and even a small error can create unintended consequences.
Protecting Your Intentions
One of the most valuable aspects of Missouri trust law is that it gives you control during your lifetime but also protects your intentions after your death. By amending or restating your trust when needed, you prevent confusion among heirs and reduce the risk of disputes.
I often encourage clients to view their trust as a living document, something to revisit every few years or after major life events. This proactive approach keeps the trust aligned with current wishes and circumstances.
When Court Involvement Is Necessary
While most changes to revocable trusts can be handled privately, some situations may require court involvement. For example, modifying an irrevocable trust usually needs either a court order or unanimous beneficiary consent.
Missouri courts have the authority to approve changes if they find that doing so aligns with the original intent of the trust or benefits the beneficiaries.
Court involvement can also arise when beneficiaries challenge whether an amendment was valid, particularly if questions about capacity or undue influence exist. This is another reason why properly documenting changes under Missouri trust law is so essential.
Reach Out to an Experienced Attorney Specializing in Trust Law
At my firm, Ford, Parshall and Baker, I always remind my clients that a living trust should not be seen as a rigid document but rather as a flexible tool shaped by Missouri trust law to meet evolving needs.
Revocable trusts give you wide latitude to make amendments, restatements, or even revocations, while irrevocable trusts come with stricter rules but still allow for limited modifications.
The key takeaway is that you are not permanently locked into the decisions made when your trust was first created. Missouri trust law offers the framework to adapt, protect your assets, and carry out your intentions with clarity and confidence.
By staying engaged with your trust and reviewing it regularly, you can make sure that it continues to serve your best interests and those of your loved ones. I’m proud to serve Columbia, Missouri, and the surrounding areas of Jefferson City, Fulton, and Boonville. Call today.