united-states trusts-and-estates
Ammending / restating a Living Revocable Trust
<p>Imagine a person has setup a living revocable trust. If the trust is amended you would need to keep both the original trust documents and the amendment. (Correct me if I am wrong about this?)</p>
<p>Now imagine there is a second amendment which restates the entire trust. At this point can you throw away the original trust document and the first amendment to the trust?</p>

<p>If an amendment restates the entire trust, I have been told by an attorney that you can throw away the original trust documents because they are no longer valid.</p>
<p>Note: I am not an attorney. I do not have any formal training is law so<br />
my answer is not reliable.</p>

<p>You could destroy the previous version, but it would be prudent not to do so, because if there is a dispute over the validity of the restated trust and that is successful, the terms of the trust prior to restatement remain in effect.</p>
<p>Arguably, one could even be accused of spoliation of evidence if there was any remotely possible reason to think that there might be a contest later.</p>
