When Trust Amendments May Be Invalid In Virginia

Introduction

     An amendment to a trust agreement in Virginia may be deemed invalid if it fails to comply with statutory requirements, the terms of the trust, or if it is the product of undue influence, lack of capacity, or fraud. Virginia courts place great importance on following both the intent of the settlor and the formal procedures outlined in the trust instrument. When an amendment is challenged it may ultimately be invalidated, leaving the original trust provisions in place.

Examples of Invalid Trust Amendments

     Most trust instruments require that any amendments to the trust be formally executed and notarized. If you attempt to amend your trust by making hand-written notes on the original trust document, they would likely be considered invalid changes.

     Another example of an invalid trust amendment would be when the amendment was made by someone who lacks capacity or experiencing undue influence from another individual. If a person is incapacitated, meaning they have a medical diagnosis that renders them unable to make their own decisions (such as dementia or Alzheimer’s), any documents they execute would be considered invalid. Similarly, if an individual convinces someone to make an amendment to their trust at a time when they are more susceptible to influence or being pressured to do so (such as being hospitalized with medical issues), the amendment may not be valid.

     Another instance in which a trust amendment may be invalid is when it violates the original trust’s terms. For example, some Power of Attorney documents grant the agent the authority to amend a trust on behalf of the grantor. However, the trust itself may specifically state that a power of attorney does not have the authority to make amendments to the trust, meaning any amendment executed by a power of attorney on behalf of the grantor would be invalid. 

Conclusion

     In Virginia, trust amendments that fail to comply with legal or procedural requirements may be deemed invalid by a court. Whether due to improper execution, lack of mental capacity, undue influence, or failure to follow the terms of the trust, these invalid amendments can lead to significant changes in how a trust is administered. Understanding how Virginia law approaches trust modifications can help protect the interests of both settlors and beneficiaries. If you would like to discuss your options in your Virginia trust matter, please call one of our offices at 804-325-1245 (Richmond) or 757-941-4298 (Williamsburg) to discuss how our attorneys can be of assistance.

Special thanks to Owen Togna for editorial assistance in drafting this article.